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Italian Supreme Court Rules Victim’s Reaction Delay Irrelevant, Orders New Appeal in Hostess Assault Case

Citing scientific research on trauma-induced freezing, the court rejected any link between hesitation and consent.

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Overview

  • Former Cisl trade unionist Raffaele Meola was accused in 2018 of sexually assaulting a hostess at Malpensa and initially acquitted on the grounds that the victim had 20–30 seconds to resist.
  • On February 11, 2025, the Cassazione set aside the acquittal and mandated a fresh appellate hearing, with its full reasoning published on June 13.
  • The Supreme Court emphasized that any delay in demonstrating dissent is irrelevant to the existence of sexual violence, overturning lower courts’ reliance on reaction time.
  • In its judgment, the court referenced established jurisprudence and scientific studies on the ‘freezing’ response to trauma to explain why victims may be unable to react immediately.
  • The decision follows criticism from prosecutors like Angelo Renna and advocacy group Differenza Donna and highlights persistent inconsistencies in lower-court rulings on sexual violence.