Naples, Magistrate Di Nicola Travaglini: "Stop asking victims of violence to justify themselves."

"Sexual violence is the only crime for which the victim must justify her behavior." This was a clear denunciation from Magistrate Paola Di Nicola Travaglini, speaking in Naples during the fourth meeting of the training course "Recognizing, Preventing, and Countering Gender-Based Violence," dedicated to the prejudices that still shape the approach to sexual violence.

The meeting took place yesterday in the Sala Arengario of the Palace of Justice, as part of an initiative promoted by the District Observatory against Gender Violence, a collaboration between the Attorney General's Office, the Court of Appeal of Naples, and the EVA social cooperative.

"And this isn't because the Criminal Code requires it, which actually mandates that the perpetrator's behavior be investigated. It's as if we asked the victim of a theft or robbery to explain what they were wearing, why they were in a certain place, why they didn't run away or resist," emphasized Di Nicola Travaglini, author of books on gender bias in judicial language.

The problem, the magistrate emphasized, also concerns the way victims' credibility is assessed in courtrooms. "In courtrooms, there's a tendency to presume rape victims' consent, to doubt their word, or to assume they're lying. Thus, it's up to the woman to prove what she's been through. And this despite rulings from the Supreme Court, the Constitutional Court, and the European Court of Human Rights."

These are the so-called "rape myths," cultural stereotypes that can influence how we interpret the facts and shift attention from the perpetrator's behavior to the conduct of the victim.

Neapolitan psychologist Anna Maria Scapicchio, who has been working for years to assist minors who are victims of violence and abuse, also addressed the impact of these mechanisms. "This training course is already evidence of how fortunately things are changing," she observed, while also stressing the need to recognize the power dimension underlying sexual violence.

"The ability to completely control the body of another person, whether a woman or a child, whose violence represents a violation," Scapicchio explained. The psychologist also illustrated the psychological consequences that can affect victims, both adults and minors. "Sexual violence encompasses many different practices that don't necessarily leave physical scars on the victims, yet the trauma is enormous and can cause depression, eating disorders, and addictions."

A key aspect of the discussion was initial reception, which is crucial to preventing those who report being forced to relive the trauma during investigations. "This is why the initial reception of a woman, girl, or child who has suffered sexual violence is crucial," stated gynecologist Alessandra Kustermann, who in 1996 founded the first multidisciplinary department specialized in this area at Milan's Mangiagalli Hospital.

Kustermann outlined the precautions needed to "gather the victim's account of the facts without retraumatizing them." The procedures for gathering evidence, including medical evidence, can be invasive: explaining each step and clarifying their purpose allows the person to approach the investigations with greater awareness.

Francesca Jannaccone, medical examiner and medical director of the AORN San Pio in Benevento, also spoke on the topic. She is involved in the local anti-violence network and is working on a new protocol for healthcare and emergency room staff. "Welcoming someone is already the beginning of treatment," Jannaccone emphasized, reiterating the importance of procedures that respect the individual and address the risk of reactivating trauma.

Lella Palladino, sociologist and founder of the EVA social cooperative, who led the meeting, finally highlighted the consequences of a suspicious approach toward whistleblowers.

"Starting from the assumption that a woman isn't telling the truth leads to an invasive and highly revictimizing process, which detects clinical signs of violence in less than 40 percent of cases, both in women and children," she recalled.

In closing, Di Nicola Travaglini appealed to the professionals present, emphasizing that individual goodwill is not enough without a specialized support network. "Individual sensitivity in welcoming a rape victim is not enough; refer them to anti-violence centers. Their role is fundamental."

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Vincenzo Scarpa

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