The European Court of Human Rights has ruled that Italy failed a domestic abuse victim after a prosecutor dismissed her rape allegations as ordinary male behaviour, awarding compensation and finding the state breached its obligations under the European Convention on Human Rights.
The European Court of Human Rights has ordered Italy to pay compensation to Audrey Ubeda, a French citizen whose allegations of repeated rape by her former partner were dismissed by a prosecutor who described such behaviour as “normal” for men facing resistance from “tired” women. Judges ruled that the remarks reflected sexist stereotypes and downplayed gender-based violence, compounding the harm already suffered by Ubeda. The court also found that Italian authorities had failed to carry out the prompt, thorough investigation required in domestic abuse cases, ordering total compensation of €60,000 (£51,000) — comprising €50,000 in non-pecuniary damages and €10,000 in legal costs.
What the Investigation Found — and Failed to Find
The case dates back to April 2021, when Ubeda, then living with her Italian partner in the Avellino area of southern Italy, reported him to police for physical and psychological abuse against both her and their two children. Her allegations included being raped on several occasions and having a knife held to her throat in front of two witnesses, during which she said he implied her case would end up in the newspapers like other femicides.
Later that year, the prosecutor handling the case sought to have the investigation dismissed, describing the knife incident as “a bad joke” and characterising the violence inflicted on the children as disciplinary action that did not exceed a parent’s authority. On the rape allegations, the prosecutor argued it was difficult to establish whether the offence had occurred, reasoning that the man might not have recognised his partner’s lack of consent, “considering that it is normal for men to have to overcome a minimum level of resistance that every woman tends to display when she is tired from daily life and a man makes a sexual advance.”
Case Reassigned, Conviction Follows
The prosecutor’s request to dismiss the case was ultimately rejected, and the investigation was handed to a new prosecutor, who pursued the proceedings that eventually led to a trial. The accused man was convicted at first instance and sentenced to four and a half years in prison, though he remains free while his appeal continues under Italian law.
Court Finds Multiple Breaches of Human Rights Law
The European Court of Human Rights ruled that Italy had violated Article 3 of the European Convention on Human Rights, both through its failure to carry out an effective investigation and by failing to adequately protect Ubeda from degrading treatment. Judges pointed to authorities’ failure to adopt adequate protective measures, including assigning the family suitable housing or approving their request to relocate to France — a period during which Ubeda and her children spent three years living in a shelter.
The court also criticised the original prosecutor’s language in unusually strong terms, warning that such reasoning risks discouraging victims of sexual and domestic violence from coming forward. Judges linked the ruling to Italy’s obligations under the Council of Europe’s Istanbul Convention, which requires authorities to investigate violence against women without relying on gender stereotypes or victim-blaming assumptions.
‘I Felt Wounded All Over Again’
Speaking to Italian newspaper La Repubblica, Ubeda described her shock at learning the remarks had come from a female prosecutor. “When my lawyer explained that a magistrate had exonerated my ex by invoking the image of a man who must overcome a woman’s resistance to have sex, I felt wounded all over again. I was shocked to then learn that those words had come from a female prosecutor,” she said. She described the court’s ruling as “a vindication” and “a victory for all women.”
Women’s rights organisations have welcomed the judgment, saying it serves as an important reminder that judicial authorities must avoid sexist stereotypes when handling allegations of domestic and sexual violence, and must ensure victims are treated fairly throughout the legal process.
