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#458090 - 01/06/14 11:37 AM Italy's Highest Court: 11yo/60yo "in love"
Jacob S Offline
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MaleSurvivor

Registered: 01/01/13
Posts: 605
Loc: one foot out the door
Italy's Highest Court Overturns Pedophile's Conviction Because 11-Year-Old Was 'In Love'

http://www.businessinsider.com/italys-hi...in-love-2013-12

sick mad
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#458107 - 01/06/14 03:20 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: Jacob S]
Chase Eric Offline
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Registered: 10/25/10
Posts: 1383
Amazing. But I don't buy it.

The article suggests that because of this "love" connection, it was overturned. Reading between the lines, however, I suspect it was overturned because that bit of evidence was improperly disallowed, creating a procedural dilemma. I am speculating, but if evidence of any kind is withheld at trial, could it not invalidate any conviction on legal-technical grounds, no matter how "obvious" the guilt may otherwise be? Had the evidence been allowed in the original trial, I seriously doubt it would have exonerated the defendant or lessened his guilt before the judge in any way.

Italy's supreme court ruled that the verdict did not sufficiently consider "the 'consensus', the existence of an amorous relationship, the absence of physical force, the girl's feelings of love...." It really sounds like they are not lessening the sentence because those items mitigated the crime, but are going to retrial because those arguments were withheld from the legal arena. In other words, the defense wins a retrial on a technicality and the news media sensationalizes it as some court-sanctioned legal acquiescence to an absurd "love" defense.

That said, those very arguments are extremely flawed, obviously. They NEED to be presented at trial, because they NEED to be exposed as dangerous misinformation; no 11-year-old child could possibly ever consent to something like this. So I might even agree with the Italian supreme court on this one. Remember - the defendant is not skating free. It's a retrial. That alone speaks to this as not being an exoneration but a technical maneuver.

In fact, I suspect this really says more about provocative, sensationalized journalism that skirts the truth to sell stories than it is about the supreme court defending a pedophile.
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#458109 - 01/06/14 04:10 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: Jacob S]
victor-victim Offline


Registered: 09/27/03
Posts: 3362
Loc: O Kanada
my 14 year old daughter is "in love" but at least he is the same age.

i remember the intoxication of young love.
but looking back, i don't think it was real love.

it felt real though.
that's what adult supervision and age of consent is for, i guess.
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#458116 - 01/06/14 05:14 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: victor-victim]
pufferfish Offline
Member
MaleSurvivor

Registered: 02/26/08
Posts: 6875
Loc: USA
NO

An 11 yo is not capable yet of making those kinds of decisions.

Puffer

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#458124 - 01/06/14 08:22 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: Jacob S]
Castle Offline


Registered: 10/03/09
Posts: 731
Loc: NJ
seemingly he was a social worker to this very poor family.... which technically, makes it incest.
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#458125 - 01/06/14 08:23 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: Jacob S]
unhappycamper Offline


Registered: 10/21/11
Posts: 616
Loc: VA
Sounds like Italy has no age of consent--or it's younger than 11--and courts of appeals there, unlike here, are allowed to review findings of fact.

John, Esq. (Ret.)

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#458156 - 01/07/14 09:43 AM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: unhappycamper]
Chase Eric Offline
Moderator
MaleSurvivor

Registered: 10/25/10
Posts: 1383
@John...

A general stroll through Googleville landed me on a few sites that agree the age of content in Italy is 14 with some variances attached to that definition. In fact, the research was pretty eye-opening. For instance, before the turn of the century (the one that was 114 years ago, not the last one), some states here in the US set the age of consent at ten. Now this country has some of the stricter age parameters (17 our 18).
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#458175 - 01/07/14 03:35 PM Re: Italy's Highest Court: 11yo/60yo "in love" [Re: Jacob S]
peroperic2009 Offline
Moderator
MaleSurvivor

Registered: 10/09/11
Posts: 3610
Loc: South-East Europe
Italy has had history of forceful and very strong implementation of Convention for children protection (very overprotective toward children and aggressive in practice against "problematic" families). It has been seen as the best country for children to be raised because of such practice.

But as all legal systems and administrations there are mistakes, flows and bad examples. This case is outraging people and it is very obvious why.

The main issue for me is would person with pedo tendencies be allowed to work further with children, are there more similar judge's decisions (are there similar "mistakes and vulnerabilities" shown in decision making process) and is it victim willing to go to some other instances (if not in Italy than for example European Court of Human Rights which has power over all national legal systems of all European countries).
Going to European Court of Human Rights could be long process as all national legal mechanisms need to be tested before but at the end it gives guaranties that standards for human rights internationally recognized are equally implemented in different countries. In this case obviously that didn't happen - child wasn't protected as it should primary needed to be according to data that we have.

Pero
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