By Dr.Mahabir Kumar
Key Points:
In 1960s Italy, the law allowed rapists to escape punishment if they married their victims — a practice meant to “restore” the woman’s honour.
Franca Viola was Kidnapped and raped by her ex-fiancé, a man connected to the Mafia, Viola bravely took him to court
By refusing to marry her rapist and taking him to court, Viola became the first Italian woman to reject the norm of Rehabilitating Marriage
Did you know that there are around 20 countries in the world that still allow a rapist to marry the victim? According to the annual State of World Population report by the United Nations, the rule can favor the rapist by overturning criminal prosecution and punishment. This cruel and unimaginable code of law was once considered an ancient code of law in Italy. The idea, apparently, was to save what was left of a woman’s honour by getting her married to her rapist.
Decades ago, a similar incident happened that shook the entire nation of Italy in the 1960s. A young girl who was kidnapped and raped by her ex-fiancé refused to marry her rapist and took him directly to the court of law. The people were shaken to their core and were quite surprised by the young girl’s courage, boldness, and strength.
She was Franca Viola from Sicily, Italy. Viola and her family challenged traditional societal norms and fought for the justice they had rights to. How did they do it? By bringing the man who sexually assaulted Viola in front of the law and standing united to fight against him as a family. Franca Viola, therefore, became the first woman ever in the history of Italy who refused to participate in a “rehabilitating marriage” (Matrimonio Riparatore in Italian) to her rapist. Rehabilitating marriage was originally sought after couples would consensually elope with their loved ones. However, the practice was often misused by rapists as a way to avoid criminal punishment by marrying their victims.
Franca Viola's act of bravery questioned the ancient “marry your rapist law,” and her defiance paved the way for several women with similar fates a brutal fate where one was pressured under the traditional norm of rehabilitating marriage.
Franca Viola was born in Alcamo, the fourth-largest town in Sicily, Italy, on 9 January 1948. She was born to Bernardo Viola, a farmer, and Vita Ferra. Viola was the oldest daughter of the family, who was engaged by the time she reached her teenage years. At 15, she was engaged to 23-year-old Filippo Melodia, a relative of an Italian Mafia member, in 1963.
After Melodia was apprehended for theft, Viola’s father insisted that she break off her engagement with him. Two years later, Viola was engaged to another man when Melodia barged back into her peaceful life, hoping she would accept him as her husband. He stalked Viola and constantly threatened her family, including her fiancé. His anger and frustration eventually led him to destroy Viola’s life. Hell broke loose on 26 December 1965.
That morning, after her father had left the house, Franca Viola was kidnapped by Melodia and 12 other armed men. She was dragged into a car along with her eight-year-old brother. Her mother was beaten. After releasing her brother, Viola was taken to a remote farmhouse, where she was repeatedly raped and held for over seven days.
Melodia told her that she had no option left other than to marry him if she wanted to avoid becoming a dishonoured woman and a shame to society. At the time, rape was treated as an offence against “public morality” under Article 544 of the Italian Penal Code, rather than a crime against the victim. The abduction of Franca Viola was shocking, yet familiar to many onlookers. There was a similar practice, known as Fuitina, which was widely followed in Sicily and other parts of Italy.
In the local practice of Fuitina, or rehabilitating marriage, couples would elope together and return home after a few days. Their families would assume that sexual intercourse had taken place, leaving them with no choice but to marry. The concept of Fuitina was often used as a cover for kidnapping and rape. Melodia tried to use this as camouflage to pressure Viola into marrying him. But instead of complying with this ancient rule, Viola refused and said no. She sued Melodia for carnal violence, kidnapping, and rape.
Viola became the first Italian woman in history to take her rapist to court instead of following the conventional norm of marriage to avoid being seen as a dishonoured woman who had lost her purity. During the trial, when the eyes of the nation were on her, she declared: “I do not love you, I will not marry you.”
The aftermath of her decision was drastic. Her family was intimidated by townspeople. They were excluded from society, and even their fields were reportedly torched and destroyed. Amidst the sensational trial and public discourse, newspapers focused more on her appearance than her bold stance. Many described Viola as “pretty,” “gentle,” and “slim.” Not just small outlets, but major ones also spun the narrative into a patronizing tone. The New York Times even ran the headline: “No Admirers Call On Sicily’s Franca.”
The trial ended with Melodia being found guilty of the charges against him. He was sentenced to 11 years in prison. In 1976, he was released, and in 1978 he was shot dead in Modena, Italy.
Franca Viola later married her childhood friend, Giuseppe Ruisi, and had three children — one daughter and two sons. Years after Viola’s case was brought before the courts and the world, in 1981 Article 544 of the Italian Penal Code was revoked.
Viola became the woman who broke tradition by raising her voice against an outrageous law designed to silence her. With the support of her family, she fought and won — paving the way for countless other women to resist the so-called ‘rehabilitating marriage,’ a practice that too often served as a disguise for rape.
(NS)
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