Naples, accused of sexual violence: 35-year-old acquitted by the Supreme Court

The third section of the Supreme Court of Supreme Court has sensationally cancelled the condemnation of a Neapolitan boy for the serious crime of sexual violence. The minor nature of the crime was recognized by the Supreme Court, which surprisingly annulled, without referral, the Defense's appeal, canceling the sentence of 4 years and 4 months of imprisonment established by the Court of Appeal of Naples.

In the first instance, in May 2022, the Neapolitan boy, AR, aged 35, was sentenced, with an abbreviated trial, to a 6-year prison sentence, a 5-year ban from holding public office, in addition to a perpetual ban from holding any office relating to guardianship and curatorship.

On that absurd night, where a gang rape had been totally ignored by the investigators, Pozzuoli, the 35-year-old had confessed, proposing a compensation offer of 1500 euros considered "laughable" in the first 2 degrees of judgment, with 5 other boys who remained absolutely unpunished, unidentified, forgotten, who had nothing to do with him. The defendant had revoked the previous defense lawyer, from the Naples court, who had defended him in the first degree (sentence to 6 years with abbreviated procedure), appointing the lawyer Massimo Viscusi, from the Benevento court.

The alleged sexual abuse on the night of December 8, 2021

The investigation concerned a case of sexual abuse, which presumably occurred on December 8, 2021, of which, unfortunately, there are still many pending issues.

The complaint was filed by the girl, who after spending an evening in a disco in Pozzuoli, and having smoked hashish and drunk alcohol with her friend, had first found herself in the car, in the parking lot of the club, with 5 boys, from which she managed to escape at a later time (and of which no investigation was carried out by the Operational Unit of the Carabinieri of Pozzuoli regarding this relevant circumstance). And, then, after having asked the defendant for a lift, who granted it to her, from Pozzuoli to Giugliano, getting into the car of her friend A.

T., together with the girl, stopped at the defendant's house, who, after taking his car, accompanied the girl to his house, in Villaricca. During the journey, according to the Naples Prosecutor's Office (investigations coordinated by P.

M.Tittaferrante) an “oral relationship” would have taken place, reported by the girl, who made use of specialized psychologists in order to reconstruct the incident.

It should also be remembered that the defendant's friend, AT, initially heard as a person informed of the facts, was later investigated for "false information to the judicial authorities".

In the interrogation of January 25, 2022, the boy, also defended by the lawyer Viscusi, answered all the questions of the Deputy Public Prosecutor Tittaferrante, and his position was archived. For the defendant, following re-examination, the measure of the intramural precautionary order at the Poggioreale prison was attenuated, with that of house arrest.

Yesterday, late in the evening, after 3 hours of deliberation, the fantastic decision of the Court of Cassation, in acceptance of the detailed and meticulous theses supported by the lawyers Massimo Viscusi and Salvatore Luciani (appointed for the Cassation only), which in addition to canceling the sentence, revoked the ban from public office for 5 years, in addition to the perpetual ban from any office related to guardianship and curatorship. A precedent, that of the Ermellini, destined to set a precedent.