The events at Modena station and on the train towards Bologna
The incident took place on 3 January 2026. According to the account of the events examined in the proceedings, the young woman was at Modena railway station with a friend when a 39-year-old man began following her and making persistent, unwanted sexual remarks and advances.
She tried to move away and board regional train 2477, running from Milan Centrale to Rimini, which was travelling towards Bologna. The man continued to harass her and attempted to obstruct her as she boarded. Another passenger intervened, enabling her to get onto the train.
Once on board, however, the man approached her again and continued his unwanted conduct of a sexual nature.
Passengers’ intervention and the arrest at Castelfranco Emilia
Several passengers came to the young woman’s assistance, helping to stop the conduct and holding the man until the police arrived. After the alarm was raised, the train manager temporarily suspended the service.
The Carabinieri intervened at Castelfranco Emilia and arrested the man. The incident also temporarily disrupted the railway service, and he faced an allegation of interruption of a public service in addition to sexual violence.
During the initial stage of the proceedings, he was remanded in custody in connection with an allegation of aggravated sexual violence, with reference to the victim’s disability and the circumstances of the events at the station and on board the train.
The abbreviated procedure and the Court of Modena’s decision
The case was heard by the Court of Modena under the abbreviated procedure, known in Italian as rito abbreviato. At the hearing, the prosecution requested a sentence of three years and three months’ imprisonment. The Court imposed a sentence of two years and two months’ imprisonment.
Under this special procedure, the judge generally decides the case on the evidence already in the case file, subject to the statutory provisions allowing further evidence to be taken. A conviction for an offence classified in Italian law as a delitto, such as sexual violence, attracts a one-third reduction in sentence. The sentence must therefore be understood in the context of this procedure and the judge’s assessment.
I welcomed the decision because it recognised the case advanced on my client’s behalf. Its significance, however, extends beyond the length of the sentence: it also concerns the victim being heard and the judicial recognition of the events she brought before the justice system.
My role as counsel for the victim and civil claimant
Throughout the proceedings, I assisted the young woman in protecting her rights and in her decision to join the criminal case as a civil claimant, or parte civile.
Under Italian law, a victim has rights within criminal proceedings even without becoming a civil claimant. Joining as a civil claimant allows someone who has suffered harm as a result of an offence to pursue restitution and compensation through their lawyer within the criminal trial. The compensation claim and the decisions concerning it are separate from the determination of the criminal sentence.
In a case of this kind, legal representation requires both careful legal work and attention to the individual. It involves explaining the stages of the proceedings, supporting informed decisions and presenting the client’s position with sensitivity to her circumstances.
A physical disability does not define a person or diminish her autonomy. It requires attention to the practical barriers she may encounter and to what she needs to participate effectively in the proceedings. Protection should reflect the individual’s circumstances and help prevent the judicial process from causing further distress.
What the decision means for the person represented
Taking part in proceedings concerning sexual violence can mean revisiting painful events while navigating unfamiliar documents, language and procedures. I therefore consider it essential that a client understands what is happening and can rely on her lawyer for clear explanations and attentive representation.
In this case, I sought to present my client’s position with rigour, sensitivity and respect. My satisfaction with the judgment is accompanied by recognition of the determination with which she faced the proceedings.
No judgment can undo what happened. My hope is that the recognition achieved through the proceedings can help strengthen her sense of safety and support her in regaining peace of mind, while respecting her dignity and her freedom to decide how to move forward.
Avv. Dorina Merdini
Counsel for the victim and civil claimant
The case in the press
Two newspaper reports on the proceedings and the comments made by Avv. Dorina Merdini.
The sentence and the victim’s rightsRead the article
The proceedings and the civil claimant’s counselRead the articleBoth reports are in Italian and open on the publishers’ websites.
Institutional resources
- Italian Ministry of Justice — abbreviated procedure, in Italian
- European e-Justice Portal — victims’ rights in Italy
This professional case note is provided for information. Each matter requires an assessment of its own facts and case documents.
