AVELLINO — The European Court of Human Rights ordered the Italian state to pay approximately €60,000 to Audrey Ubeda and her two children after ruling that the justice system failed to adequately investigate and protect them from domestic abuse. The court determined that a prosecutor's remarks perpetuated "sexist stereotypes" and downplayed gender violence.

The court ruled that the Italian justice system did not provide a prompt, thorough, and effective investigation as required in domestic abuse cases. Authorities also failed to adopt adequate measures such as assigning a family home or authorizing a request to move to France. The court further ruled that authorities violated the prohibition of inhuman and degrading treatment towards victims of domestic violence.

Audrey Ubeda, a French citizen, filed a complaint with police in April 2021 in the Avellino area of southern Italy. She alleged that her partner physically and mentally abused her and their two children. Ubeda also alleged that her partner raped her several times and held a knife to her throat in front of two witnesses.

In 2021, a prosecutor requested the dismissal of the investigation. The prosecutor referred to the knife incident as "a bad joke." Additionally, the prosecutor stated that physical violence inflicted on the children was merely disciplinary and did not exceed a parent's authority.

The prosecutor also stated it was difficult to establish whether rape had occurred because the man might not have been aware of his partner's lack of consent. The prosecutor added, "considering that it is normal for men to have to overcome a minimum level of resistance that every woman tends to display when she is tired from daily life and a man makes a sexual advance."

The request to dismiss the case was denied, and a new prosecutor was assigned. The accused man was later sentenced to four and a half years in prison by a court of first instance. The accused remains free while he appeals against the verdict. Audrey Ubeda and her two children lived in a shelter for three years.