Cassation: Protection from abuse also applies to extramarital relationships

Meta description: The Italian Supreme Court (Cassation) rules that mistreatment can be punished also in extramarital relationships, by assessing the concrete bond between the parties.

A Corte di Cassazione decided that the extramarital nature of a relationship does not by itself prevent the establishment of a convivenza for the purposes of the crime of maltrattamenti: the judge must concretely evaluate the bond between the perpetrator and the victim, without privileging formal aspects such as marriage or simple cohabitation, according to ANSA.

Summary of the decision — Cassation and maltrattamenti in extramarital relationships

The Cassazione affirmed that the existence of a relationship parallel to a marital bond does not automatically exclude the possibility that this relationship constitutes a convivenza applicable to the crime of maltrattamenti. In a recent ruling, the Court stressed that the analysis is concrete in nature and must be carried out by the merits judge, who must consider the substantive characteristics of the bond between the parties and not decide solely based on whether the couple is married or living under the same roof, according to ANSA.

"The crime of maltrattamenti aims to protect inviolable rights such as dignity, physical and psychological integrity, and the individual freedom of those who belong to a family nucleus or live in a convivenza regime."

Legal grounds cited — inviolable rights, convivenza, and scope of the offense

The Court started from the principle that the penal type protects inviolable rights: dignity, physical and psychological integrity, and individual freedom. Therefore, the existence of a romantic bond parallel to marriage cannot automatically be treated as merely an emotional relationship that excludes application of the offense.

The Cassation emphasized that identifying convivenza for penal purposes depends on elements that reveal a bond of dependency or de facto cohabitation — not solely the formal title of the relationship. Thus, situations involving domination, fear, psychological conditioning, manipulation, or emotional/economic coercion can bring the relation closer to the concept protected by the statute.

How the judicial examination should be conducted — criteria and evidence of the bond

According to the Court, the first-instance judge (and the court of appeal) must perform an open and detailed evidentiary assessment, avoiding aprioristic conclusions. Among the relevant elements, the Cassation pointed out:

• Will to dominate of the author over the victim;
• Existence of fear and psychological conditioning;
• Manipulations, emotional blackmail, and economic pressures;
• Repeated patterns of violence or humiliation affecting the victim's individual freedom;
• Concrete conditions of material or emotional dependency that bring the relationship closer to de facto convivenza.

The Court warned that decisive weight cannot be given solely to whether the couple is married or lives apart; what matters is the evaluation of the evidentiary set that reveals the reality of the bond.

Relevance for Brazilians and descendants — who lives or has cases in Italy

The decision has practical impact for foreigners, including Brazilians and descendants living in Italy or maintaining legal ties in the country. In cases of violence in extramarital relationships, the mere absence of formal marriage or common residence does not, by itself, prevent the episode from being framed as maltrattamenti if there are indications of material convivenza and violation of the inviolable rights of the person.

For those following news about Italian legislation or cases in Italy, the decision is a reminder that the judicial exam is factual and centered on behavior and concrete conditions between the parties, not only on the formal appearance of the bond. Read also other articles about life in the country in Vida na Itália and follow updates in Notícias da Itália.

What changes in practice

• Victims in extramarital relationships may see their situations analyzed with greater attention to power dynamics and suffering, not just the legal status of the relationship.
• Defenses and prosecutions should produce concrete elements about the relational dynamic (messages, testimonies, evidence of economic/psychological control, repetition of episodes) to demonstrate or negate the existence of convivenza.
• The decision is also relevant for those seeking information about rights and protection: the penal norm aims to protect freedom, dignity, and integrity, regardless of the formal status of the bond.

Context and where to follow

The decision adds to a set of rulings in which the Cassation has refined the interpretation of the crime of maltrattamenti, bringing it closer to the effective protection of victims in contexts of family life and de facto convivenza. The topic is typically covered by Italian media and official sources; this coverage is based on ANSA reporting. For more news about legal issues affecting Brazilians in Italy, follow the Cidadania Italiana section and other Notícias da Itália.

Conclusion: the Cassation reinforces that penal protection against maltrattamenti depends on the reality of the bond and on the protection of inviolable rights, regardless of whether the relationship is formally marital or extramarital. The final assessment lies with the judge, who must ascertain the factual elements capable of demonstrating a de facto convivenza and the existence of conduct that harms the victim's dignity and freedom.

Source: ANSA