European court condemns Italy over sexist prosecutor remarks in domestic violence case, orders €60,000 payout

The case

Audrey Carmen Manuela Ubeda, a French citizen resident in Italy, reported her ex-partner in April 2021 for repeated physical and psychological violence against herself and her two children. A month later, she and the children were placed in a protected shelter, where they remained for over three years, until July 2024. The ex-partner, identified by the initials G.P., was later convicted in first instance in June 2026 and sentenced to four and a half years in prison.

Prosecutor's remarks

In November 2021, the public prosecutor at the Benevento court, a woman, requested the case be dismissed. The request described an episode in which the man allegedly held a knife to the woman's throat as a "bad joke". Regarding the sexual assault allegations, the prosecutor wrote that it is "normal that men must overcome a minimum level of resistance that every woman tends to show when tired of daily life and a man makes sexual advances." The remarks were later described by the European Court of Human Rights as reflecting "a sexist and stereotyped culture."

Court's findings

The European Court of Human Rights, in a ruling deposited on 2 July 2026, found that the Italian proceedings did not meet the requirements of a prompt, thorough, and effective investigation under the European Convention on Human Rights. The court said the prosecutor's remarks subjected the woman to secondary victimisation, an additional harm caused by the institutions meant to protect her. It also noted that the juvenile court took more than three years to revoke the ex-partner's parental responsibility, ignoring the violence allegations. The ruling cited concerns previously raised by GREVIO, the Council of Europe body monitoring the Istanbul Convention, about gender stereotypes in courts leading to secondary victimisation.

Compensation and conviction

Italy was ordered to pay €15,000 each to the woman and her two children for moral damages, plus €15,000 for legal costs, totalling €60,000. The dismissal request was eventually rejected after the woman's objections, and further investigations were ordered. Those led to the conviction of the ex-partner in June 2026, with a sentence of four and a half years in prison.

Victim's reaction

For me it's a vindication. It's not easy for a woman who reports to find herself in front of someone who, instead of helping you, wants to silence you. The words of the then prosecutor left me stunned.

For me it's a turning point, a new beginning, I feel like a Phoenix rising from the ashes. But the greatest satisfaction is having won a battle on behalf of all women, so that a case like the one that turned my life upside down never happens again.