Abstract

The paper debates a decision in which the Italian Supreme Court of Cassation rejects the cultural defense provided by previous judges to an Albanian father who kissed his five years son on the genitals. According to the defense, the father was performing a “homage to the penisµ of the child. The Supreme Court states the reasons by affirming that the rights of the child to sexual freedom are superior to the cultural right of the father. The paper investigates if “homage to the penisµ is actually harmfull to the sexual freedom of the child and concludes it is not. The paper claims it is necessary to find a reasonable accommodation of the cultural practice beyond the criminal sanction.