January 29, 2022

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This is why excuses are not enough

Andrea Cerani, 45, owner of a restaurant from Chiravalle (Ancona), a Fiorentina fan from the Marche region, who was convicted yesterday of sexual violence for molesting journalist Greta Picaglia of Tuscany TV last Saturday outside the “Castellani” d’Empoli stadium as he participated Live broadcast with Tuscany TV at the end of the Empoli and Fiorentina match.

The Florence Police Commissioner, Filippo Santarelli, issued yesterday the Daspo, which went into effect today. The preventive measure prevents Sirani from entering the stadiums for three years. Andrea Sirani is being investigated by the Public Prosecutor of Florence as part of an investigation that presumes the crime of sexual violence.

Temporarily The TV presenter was also suspended, who underestimated what happened.

“I was wrong and I apologize”

“I didn’t want to talk to anyone, just go to the car, I made a mistake and apologize: I want to meet her, when possible, when she wants.” This is what Sirani said, track it down mosquito On Radio 24. “At home they said to me ‘How do you come to your mind?'” My partner said too. They know me, they know that I am not a bad person, we go through all the sorrows of the world.” About being accused of spitting on his hand before the harassment, the man said: “I was coughing, I did not spit. Something like that….” Sirani talks about a “gillard gesture,” but the excuses were not enough to avoid administrative action.

The difference between harassment and sexual violence

In fact, underestimating what happened is part of the problem. Indeed, the Criminal Court of Cassation (Judgment 27042/2010) has held that any act consisting of physical contact (even if transient or improvised) constitutes sexual violence (Article 609 bis StPO) if it is committed between the perpetrator and the passive. of the crime, or in any case the involvement of the material sphere of the latter “and thus jeopardizes the freedom of self-determination of the aggressor in his sexual sphere”. For this reason, voluntarily touching the buttocks, even if it is on top of clothing, constitutes sexual violence rather than simple sexual harassment. As for harassment (Article 660 of the Italian Criminal Code), it occurs in the presence of obscene expressions of a sexual nature or acts of courtship and permanent non-sexual assault.

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And it is not enough to say that you “touched your ass as a joke”: Judgment 46218 of the Court of Cassation of Cassation dated October 12, 2018, also stipulated that “violent intrusion into the sexual sphere of a subject, even if it occurs.” “joci reasona” (as a joke) or with the intent of making fun of the victim, goes beyond the mere act of private violence and is classified as sexual violence.

“If he apologises, this guy does the bare minimum,” Greta Bocaglia who I interviewed explains Rainews. “But an apology in these cases is not enough. Justice must take its course and prove this shameful gesture wrong.”

What is the real problem with the case of Greta Picaglia