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What is going on with groping people in Italy? (self.OutOfTheLoop)
submitted 2d ago by ThatOneLooksSoSad
News sites are reporting on "10 second grope" videos coming out of Italy because someone was acquitted of groping a highschooler because it was less than 10 seconds. What's up with that? Does that make it legal or quasi legal to get briefly handsy with folks in Italy? Is touching someone arbitrarily in Italy for less than 10 seconds legal now by precedent, or was it always legal and we just found that out? Is it like weed being legalized in America?


https://i.imgur.com/GwPo4OG.png
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IntrospectOnIt 2055 points 2d ago
Answer: Many people in Italy are in an outcry right now because a janitor got away with groping a 17 year old student because it was a 'joke' that only lasted less than 10 seconds. There are numerous 'countdown' videos coming out of Italy TikTok right now of '10 seconds' and what kind of molestation can happen in 10 seconds.


It's a precedent that has already been set in Italy through previous cases. Groping is not legal but they deemed this 'not sexual' and therefore acceptable. They are taking it back to court.
thebaggedavenger 536 points 1d ago
Here's a bbc article that gives some extra detail on the situation.
Unlucky_Sundae_707 201 points 1d ago
I like how we're pretending that Italian men aren't known for being sexually aggressive. Go there and report back but they are SUPER creepy and it's so bad that it's in the culture at this point.
MagicMourni 50 points 1d ago
Currently in Italy at an anime convention and at the con people always suddenly come up to cosplayers from behind and force selfies on them. The cosplayers usually are too surprised or scared to shove them away quite frequently they also out their hands around them or other creepy shit.

Imagine, you're talking to your friends and suddenly a random sweaty man throws their arm around you, shoves their phone in front of you - click-and walks away before you even realise what happened.
LadyToph 18 points 20h ago
I solo female traveler attempted to buy a bottle of water in a shop in Naples. The guy asked if I would come to his apartment to f-him. This was before being followed (more than once) by men in cars... never going back to Naples again
Unlucky_Sundae_707 16 points 19h ago
Yeah but all these people are telling me i'm full of it and making it up.

When reality doesn't meet their opinion and specifically if it's about a culture, race, or a nation they freak out.

To those people go spend some time there or STFU.
MRukov 7 points 1d ago
Mi scusi!
Devolutionary76 3 points 18h ago
Uh-oh! Big tunnel!
thecrius -41 points 1d ago
I love how this comment about "italians" is upvoted but the one below about "europe" is upvoted.

Really show how much full of bullshit reddit is

Edit: ahahah, of course the sheep downvoting arrives
thomasdilson 33 points 1d ago
The comment about Europe simultaneously advocated for extrajudicial shooting. Your comment is disingenuous.
chat_openai_com 11 points 1d ago
You're the main character
Drakayne -88 points 1d ago
Yeah criminalize the whole gender of a country
GrouchyFandango 70 points 1d ago
More like point out the obvious: that Italian culture is sexist.
curmudjini 54 points 1d ago
>Yeah criminalize a whole gender

"yeah! if I had to count the times a random female janitor ran up and fingered my butt I'd have at least...umm. wait"

this isnt even one country, drak this is worldwide. Or do you think women cause just as many sexual assaults as men?
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[deleted] 43 points 1d ago
[removed]
Mudkip_paddle 26 points 1d ago
Gross
[deleted] 13 points 1d ago
[removed]
uristmcderp -51 points 1d ago
Man, Europe is something else. A man gropes a high schooler and *doesn't* expect to be shot or run out of town?
Ttoctam 68 points 1d ago
People shouldn't have to expect to be shot for shit. Maybe a swift kicking, but yeah shooting people really shouldn't be so normalised that it's a reaction to groping. Groping is sexual harrassment, it is sexual assault, but it's not a justification for shooting someone by any means.
yellowgitl -37 points 1d ago
I vote shooting people for touching women and children who do not want to be touched :)
brucetrailmusic -14 points 1d ago
Meh fuck that
throwawayski2 10 points 1d ago
Should have been sent to the US to become a SCOTUS apointee.
LahClayStray 11 points 1d ago
It's not that different in the US.
Beneficial-Donkey387 -33 points 1d ago
It's Italy not Europe. Spot the American.
Ttoctam 26 points 1d ago
To be fair, you can do a lot in Europe and not expect to be shot. The idea that people ought to expect to be shot for random shit is insane. Yes groping is sexual harrassment and even a form of assault, but it doesn't warrant a death penalty.
Raikage_A 16 points 1d ago
Correct me if I'm wrong, but isn't Italy a European country?
jaladreips271 6 points 1d ago
I hate US people treating Europe as a homogenous blob of people, but don't be a hypocrite over such a petty thing. Not getting shot over groping perfectly applies to Europe
I-Am-Uncreative 6 points 1d ago
Italy is part of Europe.

And while not all of Europe is this bad, France and Germany also have weird laws regarding this type of stuff.
PussyHunter1916 8 points 1d ago
Italy clearly is not in Europe its an asian country, americans don't know geography smh /s
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maseioavessiprevisto 333 points 1d ago
There is no precedent and, most importantly, there is no rule of precedent in Italy, it’s a civil law country. Also this ruling is not final.
Missile_Lawnchair 109 points 1d ago
Dummy here, can you ELI5 "civil law" for me plz?
CanadaJack 370 points 1d ago
Basically the alternative to the British system of common law that's common throughout former British colonies. Under common law, a decision by a higher court becomes binding law for the same situation- in this case, if this decision were by a higher court, it would be settled law that groping under 10 seconds is not sexual and therefore does not run afoul of the sexual assault law.

In a civil law country, precedent doesn't become settled law like that. You try the facts against the legislation, and are not legally bound by precedent.
gt33m 51 points 1d ago
Very useful. Thank you.
Missile_Lawnchair 29 points 1d ago
Thanks friend!
kebukai 4 points 1d ago
We still have the concept of jurisprudence though, if in one situation the law was interpreted in a way and produced a certain outcome, further cases down the line with similar situations are expected to take the same interpretation, although the outcome is expected to be tailored case by case

In other words, in civil law systems higher courts cannot create new laws, but can set interpretations of existing laws by taking decisions where the law is ambiguous.
JesseIsAnAngryBear 6 points 1d ago
Still too complicated for my ape brain
Can someone eli2 for me please?
Art-bat 15 points 1d ago
While in this case, it’s good that this ruling doesn’t sit any sort of binding precedent, it’s kind of crazy to me that any civilized nation would have a legal system where legal precedents simply don’t exist, regardless of which court hands them down.

Even though it’s currently being selectively ignored by extremists on the US Supreme Court, historically in America, the rulings of the US Supreme Court serve as an ultimate precedent-setter Though sometimes, later courts will decide that the facts and evidence of some new case call for a change and a setting of new precedents.
Itsjustraindrops 1 points 1d ago
Oh man, it would really be up which judge/s you get for your case, the absolute power of that is insane to me.
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Eldrythan 16 points 1d ago
Well, there is no *binding* precedent.

While there is no rule of precedent in the sense that court rulings are not binding to (any) courts ruling later on similar cases, earlier results are absolutely taken into account for future cases, both by lawyers advising clients as well as courts when ruling on cases.
maseioavessiprevisto 10 points 1d ago
I would know, I AM a lawyer. Nobody cares about a precedent set by a Tribunal. It isn’t even available in the vast majority of databases. It would be different if it was something Corte di Cassazione stated.
Eldrythan 6 points 1d ago
I, too, am a lawyer. Small world! Over here in Germany and not in Italy, though (although we are both civil law countries).

We do care about judgments even by the lowest courts, depending on the topic over here. The district court of Berlin, for example, is considered somewhat of a forerunner in rental law across the country. Even if the opinion of higher courts comes with more weight, not every issue has been decided by higher courts yet - increasing the relevance of lower court rulings, as they at least indicate the direction the general jurisprudence is headed.

Of course this can only apply to publicized judgments - but I assume a case with this much public interest will be published one way or another.
IntrospectOnIt -6 points 1d ago
There is precedent because other sexual assault-groping cases have been dismissed as 'non sexual' and therefore not a crime.
CanadaJack 44 points 1d ago
Precedent in Italy is not like it is in common law countries, where decisions by higher courts are binding law for similar facts in lower courts. It might be precedented, but it's not capital-p Precedent.
maseioavessiprevisto 3 points 1d ago
Source?
SeductiveSunday -7 points 1d ago
> There is no precedent

Sure, still wouldn't bet against Alito using it as precedent at some future date.
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aheze 29 points 1d ago
Bruh what is Italy doing
kalitarios 11 points 1d ago
If we go by the COD lobby… “your mom” seems to be the prevailing answer, along with a LOT of cocaine and club music
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thecrius 1 points 1d ago
Being angry at this decision apparently. Did you read or just wanted some upvotes?
myoukendou 19 points 1d ago
All true, I’m Italian and people are rightfully outraged. Just to clarify, the Italian judiciary system isn’t based on precedents. A second or third trial can cancel this mess and convict the fucking pedo.
lake_gypsy -5 points 1d ago
You know! I just remembered, iirc, reading a magazine article years ago about cafes in Italy that have a premium bevy and blow job for an affordable price. Is this true?
myoukendou 9 points 1d ago
Yes. It’s called cafe Yomama. Service is not great, blowjobs though are on the house.
Doormau5 16 points 1d ago
I cannot fathom how anyone can think the way the judge did. Hold your breath for 10 seconds...feels like am eternity
Shervico 7 points 1d ago
That's because the 10 second thing has very little to do with the judge ruling, it was just mentioned during the hearing, when asked how much time the groping lasted, the answer was like, not much, maybe 5 seconds, less than ten.

The outcry should be how it was not ruled as sexual assoult because the janitor was joking and for the judge there was nothing sexual about it, which for me is even worse than the 10 second thing,
AJ7861 9 points 1d ago
Lol what. That's crazy, though perhaps the punishment should be 10 seconds of a beating, it's not assault if it was less than 10 seconds.
[deleted] 6 points 1d ago
[deleted]
sailor_stuck_at_sea 6 points 1d ago
You've just described the Civil Law judicial system which is what Italy practices. Precedents aren't legally binding, but they are used as guidance when interpreting the law.
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Far_Administration41 11 points 1d ago
And where does Italian law stand on me kicking the shit out of someone for groping me for any amount of time?
GPAD9 22 points 1d ago
If you keep it under 10 seconds and say it's a joke you might be ok
thecrius 1 points 1d ago
I love that you posted how in italy there is an outcry about this ruling and reddit takeaway just below is "italian men are toxic masculinity at its best".
scrapfactor 2 points 1d ago
Pretty much something where we should be boycotting Italy
Rammrool 1 points 1d ago
Ah the ‘its just a prank bro’ defence, very good and normal.
NightmaresFade 1 points 21h ago
>a janitor got away with groping a 17 year old student because it was a 'joke' that only lasted less than 10 seconds.

A punch to the dick takes less than two seconds and if the person who did it said "it was a joke" then by that janitor's logic the one who punched him shouldn't face consequences either.

Hope one day that janitor suffers the same level of humilliation as he made that poor student suffer.
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ALF839 403 points 1d ago
Answer:

The media focuses on the 10 seconds things but it is only marginal to the actual ruling. The judge considers the groping not criminal because of it's brief duration but mostly due to being in a very public space (high school hallway). He justifies it by saying that the intention can't be considered sexual. The ruling is mostly bullshit and based completely on the judge's personal perception. From what I've read the creep is going to get convicted once this is appealed and reaches the higher courts.

Edit: I also wanted to add that according to the girl and her schoolmates, he has done similar things in the past, even slapping a girl's ass with a ping pong racket.
magic1623 234 points 1d ago
Additionally the ‘groping’ was really sexual assault and the judge and the predator are trying to downplay it by calling it groping.

A 66 year old janitor walked up behind a 17 year old girl at a high school and shoved his hand down her pants and fondled her ass. When he was pulling his hand out of her pants he did so in such a way that the girl said it hurt her “private parts”. Which most likely means he pulled at her underwear hard enough that it caused it to painfully chaff against her vulva and anus.
rashmisalvi 51 points 1d ago
Wtf is wrong with that judge.
ryumaruborike 46 points 1d ago
Has probably done the same
Swolnerman 27 points 1d ago
From what I read I assumed he pulled down her pants, groped her butt. and then hurt her when pulling the pants back up

I could be totally wrong tho
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Zinfandel 32 points 1d ago
So to sum up: this POS has done this in the past & hasn't lost his job?

I can't believe someone hasn't knocked this fucker out yet.

If he's doing it IN FRONT of people, what the hell is he doing when people aren't watching?

edit: I can't spell.
coogeena 22 points 1d ago
Italian lawyer here, it's a very peculiar case. The Judge says that the action by itself would definitely and objectively be considered sexual assault. However, the problem seems to be with intent, which according to the judge wasn't proven beyond a reasonable doubt. It looks like the janitor gave the girl a "wedgie", and didn't touch the girl's butt for more than what was necessary to give the girl a wedgie. It's still very inappropriate and disgusting behavior and is also against some Italian jurisprudence that considered an action sexual assault even if done with the intention of joking. It might still be overturned on the inevitable appeal by the prosecution, so we'll see.


You can find the ruling published, in the original Italian, here.
JureSimich -2 points 8h ago
Thank you, finally someone that actually read at least a bit about the case...

Gave a wedgie, should be prosexuted for a wedgie, not have the act reinterpreted by omitting crucial elements in the media...
Thunder_Beam 13 points 1d ago
>From what I've read the creep is going to get convicted once this is appealed and reaches the higher courts.

Its not 100% guaranteed, its just much more probable
MeMoses 2 points 1d ago
So you could go up to the judge that made this ruling grab his junk for 9 seconds, yell "It's just a prank Bro" while doing so and he couldn't complain because it's under 10 seconds and clearly a joke. I'm gonna guess he wouldn't think it is just a joke if he's personally affected.
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russianspy_1989 0 points 1d ago
>even slapping a girl's ass with a ping pong racket.

Who does he think he is, Sterling Archer?
formosk -28 points 1d ago
>ping ping racket

A racket for pinging?
keepingitrealgowrong 16 points 1d ago
Not every typo needs to have a nominally clever comment made on it.
Fra148 39 points 1d ago
Answer: this is what I posted on another sub.
I just want to clarify what happened based on the grounds of the judgement.
First off, NO JUDGE stated that under 10 seconds is not sexual abuse, this is just a oversimplification made by the newspapers in order to become viral.
The girl claimed that the man put his hand in her pants, under the knickers and touched her glutes and she said that the action lasted 5/10 second; however, the man stated that what he did, as joke, was to lift the girl by putting his finger into her jeans loops and, doing so, he touched her glutes without intention.
The judge says that the whole action lasted "a bunch of seconds" with a slight movement, and, above all, he didn't keep touching her for seconds (as one could imagine by reading the title). To clarify, he indeed touched her glutes (so, the so-called "objective element of the crime" exists) but there are no real proofs that he had the intention to touch her sensible parts of the body; for the judges is plausible that he touched her glutes as a consequence of a wrong movement made during the inappropriate joke.

In the end, I want to say that the Court of Cassation considers sexual abuse even the slightest and quick touch of the sensible parts of someone's body without the person's consent and doesn't matter if someone does it for a joke.

I personally think, as a lawman, that the judgement is wrong under some technical point of views and it will probably be overturned but I just wanted to clarify that NO ONE SAID THAT UNDER 10 SECONDS IS NOT CONSIDERED A SEXUAL CRIME.
ArkhamCitizen298 2 points 1d ago
how do you know if he lied about his intention though ?
Fra148 2 points 21h ago
It can happen, usually you try to compare what he says with what the others say or the circumstances that you know. But sometimes you don't reach full proof of his guilt beyond any reasonable doubt; in this case the man has been acquitted precisely because there was a doubt about his real intention (of course taking into account also what others had referred)
ArkhamCitizen298 1 points 21h ago
What i commented was so dumb though. An old dude reached hand into a 17 year old girl. Fucking pervert, don’t need to know intention bs
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thecrius -12 points 1d ago
You are on reddit mate, move on to Tildes or Lemmy for some discussions in which people want to read and discuss and not just get outraged at a title and feel free of being racist against a group of people without consequences because at that moment "they are the baddies".

I can send you and invite to tildes if you want one. pm me if you want.
rwilkz -3 points 1d ago
He may not have said those exact words but it’s what his ruling implies. Anecdotally, I’ve given and received a few wedgies in my time and no one ever had to put their hands inside my underwear and touch my butt to do so.
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AcanthisittaKlutzy40 110 points 1d ago
Answer: the Italian legal system sided with a pedo& is about to be full of high schoolers who were groped & decide that since their police & justice system sides with pedos they should be allowed a ten second stab the groper in the face in response because 'what harm can really happen in 10 seconds?'

If I had money I'd 100% pay for all their legal fees & bails for any kids who stab/kill their abusers too because this is a justified self defense response when your government and legal system prioritises sexual predators over victims & enables them like the Italian one is currently disgracefully doing
LadderWonderful2450 44 points 1d ago
As long as the stab is less then ten seconds.
Trip_seize 3 points 1d ago
Just the tip?
MonoiTiare 23 points 1d ago
Sorry, bail does not exist under Italian law.
Luckily one judge is not the entire Italian legal system. Let’s hope for the appeal.
BeerOrGTFO -5 points 1d ago
Serious question from an american here. We, and most places so I would think Italy too, are all on board with putting that judges face on every news outlet, website, and so on saying fuck this person right here, they're a corrupt piece of shit. Now mind you this often leads to nothing happening, so please understand my question is mostly just is the judge being held up as a giant piece of shit or is he getting a mostly free pass. I ask you because you have the obvious fuck that guy mentality that I would expect to be seeing a lot more of, blaming the judge as part of the problem along with the pedo janitor and not always citing that it's just the way it is in Italy.
clonea85m09 2 points 1d ago
No, no fuss about the judge more than pressure on his office to make him disappear for a while(and 17 is above legal age in Italy, and in the USA too, so the guy is not a pedo on THIS interaction, the ruling would have been much worse then), it was a mistake on the job that might get him fired, that is all.
His ruling is also not in line with most previous rulings so it will most certainly get overturned in the appeal hearing.

The judge will probably end up not being given any assault cases to work on anymore. The fact that in Italy there's no common law also means that judges are way less important as officials as they do not give binding interpretations of the law, the next level will give a ruling more in line with the common interpretation of the law.

Unfortunately civil law is very strict on what is what and the Italian law requires (always beyond any reasonable doubt) that there is a "sexual intent" in the touching (the Italian term might be translated to horny/lascivious motives) for it to be sexual assault and sometimes there is some doubt on the definition, but as I wrote commonly this goes in favour of the victims.
Other strange rulings given by the letter of the law have been:
- A group of boys being absolved from a rape charge on a victim, the girl was drunk, but the law requires that you have an alcool level in the blood on 1.1 to be considered not able to give consent and she was below that - they were incriminated for aggravated assault iirc.
- A group of firefighters raped a little girl in France(so actual pedos) ad were absolved from the rape charges because at the time rape required the use of physical violence - they were all jailed for assault to minor plus many aggravating circumstances, and after that they changed the definition of rape in the law.
BleccoIT 2 points 1d ago
Answer: since no one else seems to have told this, no this does not make it legal nor quasi legal. It's a ruling by a judge, it doesn't become law and it can't be referenced in future cases like it happens in the USA.
mr_loose_cannon 0 points 1d ago
Answer: Old, unfashionable values like "boys will be boys" are very prevalent in Italian society and therefore also in the judiciary.
JureSimich 0 points 8h ago
Answer:
The core of the issue seems to be a slight misrelresentation of what happened.

According to all sources, the accused was not intending to grope the girl, but performed a practical joke:

wedgie
/ˈwɛdʒi/
noun:
an act of pulling up the material of someone's underwear tightly between their buttocks as a practical joke.

So here we have the intent to commit a prank, tightening underwear and inflicting a small amount of pain to the privates, a popular high school joke in the USA...

...and the victim effectively getting a stranger's hand down the panties against her will.

Now, I fail to see why a wedgie is supposed to be an acceptable prank, like rolling up a towel and whipping someone's rear with it, but it seems to happen enough that I, an European, know the term. It's liek japanese kancho - you shove two fingers between the target's buttocks, to inflict pain on an unsuspecting victim... but it's really not trying to penetrate someone's anus sexually.

Perhaps now we can see the judges position: from the facts of the case, he determined that this was a prank, and not an act of sexual gratification , and thus ruled as he did.
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