Abstract

The pervasiveness of rape myths in the mainstream narrative and in the dictionary and penal code definition of sexual violence generates a profound gap between what is the experience of rape by women and what is considered as such, in society as well as in court. In this contribution, adopting a transfeminist perspective, I critically address the issue of victim credibility in rape trials. In particular, I analyze an acquittal ruling by Corte d’appello of Ancona concerning a gang rape. Although it was appropriately annulled by the Corte di Cassazione, it is of particular interest because it reproduces major rape myths, showing how they lead to and perpetuate a model to which a woman reporting rape must correspond in order to be believed. This article aims to show that the possibility for a woman victim of rape to be deemed credible incourt, and thus to have her violence recognized as such, depends on her adherence to the model of the so-called perfect victim