MercoPress. South Atlantic News Agency

Is groping, 'palpata breve', less than ten seconds a crime? No, according to an Italian Judge

A Rome public prosecutor asked for a three-and-a-half year prison sentence but this week the caretaker was acquitted of sexual assault charges

Many young people in Italy are expressing outrage on social media after a judge cleared a school caretaker of groping a teenager because it did not last long enough.

The case involves a 17-year-old student at a Rome high school. She described walking up a staircase to class with a friend, when she felt her trousers fall down, a hand touching her buttocks and grabbing her underwear.

“Love, you know I was joking,” the man told her when she turned around.

After the incident, which happened in April 2022, the student reported the caretaker, 66-year-old Antonio Avola, to police.

He admitted to groping the student without consent, but said it was a joke.

A Rome public prosecutor asked for a three-and-a-half year prison sentence but this week the caretaker was acquitted of sexual assault charges. According to the judges, what happened “does not constitute a crime” because it lasted less than 10 seconds.

Since the ruling, palpata breve - a brief groping - has become a trend on Instagram and TikTok in Italy, along with the #10secondi hashtag.

The videos are often uncomfortable to watch but they have the aim of showing just how long 10 seconds can feel.

The first was posted by White Lotus actor Paolo Camilli, and since then thousands of people have followed suit.

Another video was reposted by Chiara Ferragni, Italy's most famous influencer who has 29.4 million followers on Instagram.

Another influencer, Francesco Cicconetti wrote on TikTok: “Who decides that 10 seconds is not a long time? Who times the seconds, while you're being harassed?”
“Men don't have the right to touch women's bodies, not even for a second - let alone 5 or 10.”

He goes on to say that the judges' decision to acquit the caretaker shows just how normalized sexual harassment is in Italian society.

A post on the Freeda Instagram account says: “This sentence is absurd. The duration of the harassment should not diminish its severity.”

But according to the judges, the caretaker did not linger. He groped the teenager only briefly, performing an “awkward manoeuvre without lust”.

“The judges ruled that he was joking? Well, it was no joke to me,” the student told Corriere della Sera newspaper.

“The caretaker came up from behind without saying anything. He put his hands down my trousers and inside my underwear.

”He groped my bottom. Then, he pulled me up - hurting my private parts. For me, this is not a joke. This is not how an old man should 'joke' with a teenager.“

”That handful of seconds was more than enough for the caretaker to make me feel his hands on me.“

She says she feels doubly betrayed - by her school and by the justice system.

”I'm starting to think I was wrong to trust the institutions. This is not justice.”

The student fears the judges' ruling will deter girls and women from coming forward if they are subjected to such attacks.

Recent figures from the EU's Fundamental Rights Agency (FRA) suggested that 70% of Italian woman who had suffered harassment between 2016 and 2021 did not report the incident.

“They will feel that reporting abuse is just not worth it. But it is important, because silence protects the aggressors.”