The decision of the public prosecutor of Milan Elio Ramondini, who contested the aggravating circumstance of the abject motives of the man who hit a lesbian woman, once again attests to the legislative vacuum on homophobia that exists in our legal system.
This would be a positive decision in any case because it shows that the PM has clearly expressed a cultural choice in choosing to protect a victim of homophobic hatred in any case.
However, we must accept that in Italy, to guarantee protection to the victim of a homophobic attack, an aggravating circumstance not expressly designed for this type of conduct must be used.
It remains to be seen what the final decision of the judge hearing the case will be.
The situation would have been very different, for example, in the case of racially motivated insults or attacks: the prosecutor would have had at his disposal an express and specific legal provision, the so-called Mancino Law.
Precisely for this reason, Arcigay believes it is even more necessary today for Parliament to finally express its support for extending the Mancino Law to victims of homophobia and transphobia.
Dimitri Lioi, Legal Director of Arcigay