Bologna, 7 June 2024 – Last October he was sentenced to nine years in the first instance for sexual assault, Kenya Kamunyu Ndiyea 39-year-old Tanzanian accused of the attack which occurred in September 2022 in via Riva di Reno against a thirty-year-old.
Now, in Appeal, the sentence was reduced to six and a half years. In fact, the Court dropped the aggravating circumstance of the victim’s impaired defense, who, being an expert in martial arts, defended herself strenuously that evening.
The man, homeless and defended by a lawyer Simone Mazza, was accused of attacking the girl while she was returning home on foot, around 5 in the morning. There violence it had taken place in the entrance hall of her house: the thirty-nine-year-old had jumped on her from behind, dragged her inside the condominium before throwing her to the ground and tearing her clothes. He then attempted to abuse her, but she hit him and bit her lip, screaming at the top of her lungs until he moved away from her. He was arrested a few hours later, recognized in the street by a policeman and then by the victim himself. The defense of the young woman, lawyer Gino Moronihad insisted on the fact that the violence had in all respects been consummated and the panel of judges of first instance had agreed with her.
The lawyer of the defense in recent days had tried to reach an agreement appeal, accepted by the Attorney General but not by the court of appeal, which set the hearing for yesterday morning. The prosecutor requested confirmation of the first degree sentence, as did the young woman’s lawyer, while the defendant’s defense insisted on the request to reclassify the fact as attempted violence and to exclude the aggravating circumstance of the impaired defence. Only the second of these two requests was accepted by the judges.
“Despite the aggravating circumstance of the impaired defense having been eliminated, we are satisfied with the result, given that the fact was not reclassified as an attempt at violence, thus confirming the hypothesis of violence committed by us which we have always affirmed”, says the lawyer Moroni, for the victim.
