Rape as torture: il contrasto alla violenza di genere che passa attraverso la proibizione della tortura

The aim of this essay is an overview on the topic of the so-called «rape as torture». Starting from the feminist debate on this matter, we will focus both on international and national level. If today it is uncontroversial that rape may be used as a method of torture, the international human rights law is traditionally focused on a definition of torture that is referred to the “State torture”, where the actor is a public one or someone who acts with the acquiescence or consent of a public official. Meanwhile, the development of positive obligations in the case law of the European Court of Human Rights, as well as due diligence at the international level, made the prohibition of torture applicable also to “private” episodes. On the ground of the international use of the prohibition of torture, the Italian legal framework seems to be particularly interesting; in fact, in 2017, the crime of torture was introduced not only to sanction State torture but also “private” one. Therefore, looking at the Italian case law, where the new offence was recalled in front of gender-based violence cases, a specific analysis will be reserved to the relation between crimes of torture and sexual violence.