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The European Court of Human Rights (ECHR) has ordered Italy to compensate a woman and her two children after finding that the country's justice system failed to adequately investigate allegations of repeated rape and domestic abuse, while relying on harmful gender stereotypes that trivialised sexual violence.
In a judgment delivered on July 6, 2026, the Strasbourg-based court held that the Italian authorities violated the prohibition of inhuman and degrading treatment by failing to conduct a prompt, thorough and effective investigation into the woman's allegations of rape and abuse. The Court awarded approximately €60,000 in damages to the applicant and her children.
The ruling represents another significant intervention by the ECHR against the use of gender stereotypes in judicial proceedings and reinforces the obligation of States to ensure that survivors of gender-based violence receive effective legal protection and impartial treatment.
Background of the Case
The case was brought by Audrey Ubeda, a French national who had been living with her Italian partner in southern Italy.
In April 2021, Ubeda reported to police that her partner had subjected her to repeated physical and psychological abuse, raped her on multiple occasions, abused their two children, and threatened her with a knife while implying that she could become another victim of femicide.
However, the prosecutor initially assigned to the case sought to have the investigation discontinued.
According to the ECHR's judgment, the prosecutor characterised the knife incident as "a bad joke" and suggested that the alleged violence against the children amounted to ordinary parental discipline. More controversially, the prosecutor questioned whether rape had occurred, reasoning that it was "normal" for men to overcome a certain level of resistance from women who were tired when faced with sexual advances.
The request to dismiss the case was ultimately rejected, and a different prosecutor took over the investigation. The accused was later convicted by a trial court and sentenced to four and a half years' imprisonment, although he remains free pending appeal.
Findings of the European Court of Human Rights
The European Court concluded that Italy had failed to meet its positive obligations to protect victims of domestic and sexual violence.
about 6 hours ago
9th May, 2026
15th Aug, 2025
It found that the prosecutor's reasoning perpetuated sexist stereotypes that minimised the seriousness of rape and domestic abuse, thereby exposing the applicant to secondary victimisation. Rather than treating the allegations with the urgency and seriousness required in cases involving gender-based violence, the authorities adopted assumptions that effectively normalised non-consensual sexual conduct and diminished the credibility of the complainant.
The Court further criticised the authorities for failing to take adequate protective measures for the woman and her children, including shortcomings in housing assistance and delays in enabling them to relocate to France, where they ultimately sought safety.
For these reasons, the ECHR held that Italy had breached the prohibition of inhuman and degrading treatment under the European Convention on Human Rights.
Challenging Harmful Gender Stereotypes
Beyond the individual facts of the case, the judgment carries broader significance for the treatment of survivors of sexual and domestic violence within criminal justice systems.
The ECHR made clear that judicial authorities cannot rely on cultural assumptions or gender stereotypes when assessing allegations of rape. Suggestions that women ordinarily resist sexual advances as part of consensual intimacy, or that a perpetrator may misunderstand a lack of consent because such resistance is "normal," risk reinforcing myths that have historically discouraged victims from reporting sexual offences and undermined confidence in the justice system.
The judgment echoes the Court's earlier jurisprudence condemning sexist reasoning in rape cases and underscores that stereotypes have no place in the administration of justice, particularly where they influence prosecutorial decisions or judicial assessments of credibility.
Implications for Gender-based Violence and Women's Rights
The decision is also an important affirmation that protecting women from gender-based violence is a fundamental human rights obligation rather than merely a matter of criminal law.
Across Europe and beyond, international human rights bodies have increasingly recognised that States have positive obligations not only to criminalise violence against women but also to investigate complaints effectively, prosecute offenders diligently, and protect victims from further harm.
Where public authorities dismiss allegations based on outdated assumptions about gender roles or sexual behaviour, they risk perpetuating a culture of impunity and discouraging other survivors from seeking justice.
The ECHR's judgment therefore serves as a reminder that legal systems must be free from discriminatory stereotypes and that prosecutors, judges and other justice sector actors have a duty to approach cases of sexual violence with objectivity, sensitivity and respect for victims' dignity.
For advocates working to combat gender-based violence, the ruling reinforces an emerging international consensus that access to justice is itself a human right. Survivors are entitled not only to legal remedies but also to investigations that are impartial, evidence-based and free from prejudice.
As governments continue to strengthen responses to violence against women, the judgment is likely to be cited as an important precedent on the dangers of secondary victimisation and the responsibility of States to ensure that justice systems protect, rather than undermine, the rights of those seeking protection from abuse.
Source:The Guardian