«As Assist we are alongside the athlete Fernanda Herrera and we hope that during the appeal phase an acquittal which at the moment for the girl and for many and many of us it is incomprehensible». There is dismay in the words of Luisa Garribba Rizzitellipresident of Assist the national association that fights for equal rights in sport, equal access to sports practice and sports culture in general and is committed to combating harassment and abuse in the world of sport through awareness and communication projects.
The facts contested by Fernanda date back to the night between 4 and 5 August 2023, during an international fencing meeting in Chianciano Terme (Siena), in which athletes from various foreign federations participated. According to the accusation, the young athlete – who competes for Uzbekistan – was allegedly abused during her stay. The two defendants have always denied all charges. The trial took place in an abbreviated manner. Until the acquittal at first instance, on 18 May, by the Siena court “because the fact does not exist”.
Luisa Garribba Rizzitelli, president of Assist
«We know from experience» continues Garribba Rizzitelli «that often behind such a decision there is a culturally prevailing belief – alas even in the courtrooms – that a woman’s body is always “accessible” and that even more so if the woman is not able to express consent, this authorizes any type of abuse. We believe, however, that only with a manifest and “clear” consensus can responsibility be excluded: what the athlete said and the emergency room reports that confirmed the violence leave us to think that this acquittal is inexplicable. This vision does not take into account the fear that women experience, the objective conditions in which the victim was and which the defendants took advantage of. We will read the first instance sentence and understand the reasons better, but in all honesty this story is too similar to other cases and other decisions made in courtrooms where the victims become liars and guilty. We thank Fernanda because her courage and determination are a huge example for girls and women who want to see the right to the inviolability of their own body recognized. Despite this first degree, we maintain full faith in justice and, also in our opinion, as the largest anti-violence center in Italy recalled, Differenza Donna, Gisele Pelicot’s words are a principle to be affirmed: shame must change sides.”
And so it was. Fernanda Herrera, faced with the acquittal sentence in the first instance read by the preliminary hearing judge Andrea Grandinetti, burst into tears and decided, after three years of silence, to show her face and come out into the open: «My name is Fernanda Herrera» she said outside the courthouse, «I am a Mexican saber fighter, I came to Italy to train for the 2028 Los Angeles Olympics. I was here with my mother and with the certainty that everything could go forward, that I could find a future in Italybut unfortunately I found myself with the worst people that could exist in this world.”
And again: «There are many cases in sport and in the world where they want to silence women and this can no longer happen» was the “saber attack” of the young woman who explained that tomorrow she will leave for an international competition but that «it will be very difficult to forget». The young athlete, still a minor at the time, explained that she had so far chosen not to expose herself publicly. «I never wanted to show my face in these three years in which I suffered this thing, but I’m tired and I’ll show myself because I’m proud of myself. For three years, in addition to fighting for my results and my medals, I have fought for my justice and I will never stop.” His lawyer, Luciano Guidarelli, announced an appeal, highlighting that «the trial should have taken a completely different direction, especially because during the evidentiary hearing and from the summary information gathered by the investigators it emerged that my client was not in a position to discern and give consent to have intercourse».
That unacceptable “consensus” promoted by the Bongiorno Bill which, as he said Elisa Ercoli president of Difference Woman intervened alongside the athlete «we will never accept because it forces the victim to demonstrate unavailability, instead of recognizing the responsibility of the rapist».
