Milan court upholds sexual assault conviction of former unionist

The Court of Appeal of Milan has upheld the conviction of a former trade unionist for the sexual assault of a flight attendant at Malpensa Airport in 2018. The man was sentenced to one year and two months in prison.

The ruling addresses the controversial “30 seconds” aspect of the case, which had previously led to two acquittals. Earlier judges had argued that the short duration of the incident provided a window for the victim to resist or flee. However, the appellate court clarified that the legal system “does not provide a minimum threshold of duration” for sexual violence and that the act is independent of the time of contact.

The judges noted that the rapid and insidious nature of the assault caught the victim by surprise, making it impossible to express immediate refusal. The court characterized the victim’s brief delay in reacting as a “passive defense and disorientation, entirely compatible with the trauma suffered,” rather than an indication of consent.