A Kiss is Just a Kiss, or is it? A Comparative Look at Italian and American Sex CrimesExpressO (2009)
A Kiss is Just a Kiss, or is it? A Comparative Look at Italian and American Sex Crimes Abstract: Ask an American about Italian sex offenses and you are likely to hear about the case in which a court found that a woman wearing tight jeans cannot be raped. Americans largely assume that the male dominated Italian culture does not provide significant protection for women against unwanted sexual advances. Surprisingly, at least to co-author Vitiello, Italian courts have been quite protective of women in some recent decisions. This article is a conversation between two criminal law scholars, one Italian and one American, about controversial decisions involving sex offenders in those countries. The first part of the article develops two Italian decisions, one involving a passionate kiss and the other bottom slapping and explores how those cases were decided under Italian law and how they would be handled under American law. Thereafter, it develops two headline cases in the United States (one dealing with NBA megastar Kobe Bryant, and the other a 17 year-old boy who received ten years in prison for receiving oral sex from a 15 year-old girl) and explores how those cases would be resolved under Italian law. Along the way, Cadoppi and Vitiello explore normative concerns about the treatment of sex offenders in the Italian and American systems.
Publication DateJune 17, 2009
Citation InformationMichael Vitiello. "A Kiss is Just a Kiss, or is it? A Comparative Look at Italian and American Sex Crimes" ExpressO (2009)
Available at: http://works.bepress.com/michael_vitiello/3/