As "shown by the videos" they "showed themselves completely indifferent to the girl's evidently altered conditions", "lacking any empathy" and chose "to abuse" for "their own amusement" the young woman's "psychophysical inferiority", that she had been drinking and was also "ridiculed and made the subject of vulgarity and violent remarks" in a "language unknown to her".
This was written by the Court of Review of Milan on the case of Mattia Lucarelli, son of the former striker Cristiano, and Federico Apolloni, the two 23-year-old football players arrested on 20 January for sexual assault against a 22-year-old American student.
Alleged gang rape which dates back, according to the investigation by the flying squad and prosecutor Alessia Menegazzo, to the night between 26 and 27 March last year and for which three other friends of theirs are under investigation.
The judges (Pendino-Alonge-Ambrosino), who confirmed the serious indications of guilt against the two arrested and the reliability of the young woman's statements, however decided to revoke the house arrest and to order the compulsory of residence in Livorno, with prescription not to leave the house from 8pm to 8am, for the two players, defended by the lawyer Leonardo Cammarata.
A measure that appears, they write, "sufficient and adequate, taking into account the peculiarity of the concrete case (which took place in Milan, after an evening spent in a nightclub), the absence of precedents and significant reports, the inclusion in a reassuring family context".
The judges, lining up all the documents of the investigation - from the statements of the girl to those of the witnesses up to the videos made that night by the young men - explain that
the student, from the moment of the meeting with them, "was in a condition of inferiority psychophysics"
.
Condition which, according to the "consistent jurisprudence", would make "even the proof (which should have been drawn from the video)" of the "active participation and consent" of the girl "completely irrelevant".
A possible "consent that in 'normal' conditions would never have been given".
The young people, according to the Review, had "the clear plan" to abuse her "with the intention of filming everything without her knowledge" for the "sake of immortalizing the moment and being able to review and relive their 'feats'".
There was an expectation, as emerges from the videos, that "everyone would have their own 'turn'
, without ever even contemplating the possibility of relating" to the girl "as an equal partner".