Milan – The sexual assault investigation against Leonardo Apache La Russa, son of the Senate President, and his friend, DJ Tommaso Gilardoni, has been closed. Milan's investigating judge, Rossana Mongiardo, granted the prosecutor's request, bringing to a close the legal case stemming from the complaint filed by a 22-year-old woman, a former high school classmate of La Russa, for events that occurred on the night of May 18-19, 2023.
The crux of the order is clear: although there is "no reason to doubt" the girl's "good faith" and "credibility," there is no evidence that the two suspects were aware of her altered state, such as to render her incapable of giving valid consent.
The Judge's decision: "You are sincere, but there is no intent."
In her ruling, investigating judge Mongiardo emphasized that she approached the case "with the utmost respect," particularly for the injured party, who "always appeared very sincere, as well as deeply and emotionally disturbed by what had happened, also due to her own fragility."
It emerged "incontrovertibly," the judge wrote, that the young woman had consumed "significant quantities" of alcohol and drugs that evening, first at dinner with friends and then at the Apophis nightclub. However, the crucial point for the sexual assault charge is the lack of intent on the part of the suspects.
According to the investigating judge, there is no specific evidence that La Russa Jr. and Gilardoni "realized" or "in any case perceived" that the amount of substances the 22-year-old had taken was "enough to affect" her ability to consent. The two young men described the girl's behavior as "simply euphoric or bizarre," but failed to "detect" her actual incapacity. In short, there is no evidence that they knowingly took advantage of her condition.
The video issue and the criticism of young people
The order also highlights a different interpretative nuance between the Judge and the Prosecutor's Office (led by Deputy Judge Letizia Mannella and Prosecutor Rosaria Stagnaro) regarding the videos filmed that night.
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Unlike the prosecutors, investigating judge Mongiardo explains that she doesn't have "the same certainty" that the videos can be deduced that the girl "participated in the sexual acts with full knowledge of the facts." On the other hand, the judge specifies that those same videos "do not" "unequivocally" represent coercion by the suspects," nor do they clarify whether she has "repressed the memory" of the sexual acts.
While dismissing the most serious charge, the judge used harsh words to describe the behavior of the two suspects, accusing them of "profound superficiality and lack of respect for the injured party." This is evident, in particular, from the tone of the messages exchanged between them, which she described as "vulgar," but which were not sufficient to "found a finding of guilt beyond reasonable doubt."
The accusation of revenge porn remains
While the sexual assault case is closed, the legal proceedings continue. Leonardo Apache La Russa and Tommaso Gilardoni remain defendants and will face a preliminary hearing for revenge porn.
The charge concerns "a couple of incidents of illicit dissemination," namely the sending of "sexually explicit images or videos" from that evening, which occurred without the 22-year-old's consent and which took place inside the Milanese home of the second-highest ranking official.
The reaction of the girl's defense
Stefano Benvenuto, the 22-year-old's lawyer, reacted immediately and critically. "I consider this provision contradictory and incomplete," he stated.
Benvenuto complained that the order "fails to address my multiple objections" and that, on some points raised by the girl's defense, "a detailed response" had not been received. The lawyer concluded by announcing that he will evaluate "the best course of action" in the coming days.
Comments (1)
The dismissal of this case is somewhat disappointing, especially considering the many aspects involved. It's hard to understand how there couldn't be enough evidence, especially regarding the videos. It's all very complicated.