An appeals court on Tuesday partially overturned the 2021 acquittal of Gabriele Martinelli, 31, in the Vatican's first criminal trial over sexual abuse. The court agreed that there was no evidence that Martinelli used coercion when he engaged in sexual relations with a slightly younger colleague, between 2006 and 2012, while he was living in a Vatican youth theological school with other boys who served at the papal mass. But it decided he could be found guilty of corrupting a minor during the final period of misconduct, when he was an adult and the victim was still a minor.
The conviction can still be appealed to the Vatican's highest court. But the victim, who was 13 when he said the abuse began, and his lawyers praised the ruling as “historic”.
The victim, now 30, said in an interview with The Guardian: “The first feeling I had was: For years I had been told I was a pervert, a fake, a liar, a crazy person, and he was exploiting this for his own ends.” Washington Post. He spoke on condition of anonymity to protect his privacy.
“But all these years of pain and fatigue now make sense. There is some lightness flowing in,” he said.
The victim’s lawyer, Laura Sgro, said: “This is the first ruling that addresses sexual violence, and the conviction of someone for it, within the Vatican. From this point of view, this is historic.”
Martinelli denied any wrongdoing. His lawyer did not immediately respond to a request for comment.
A 2021 investigation by The Washington Post explained how Vatican officials largely ignored the accusations against Martinelli — despite repeated written warnings from senior clerics, including the pope — and launched only cursory and superficial investigations.
The victim's roommate was expelled from school after raising the alarm. Martinelli was ordained a priest in 2017.
Only after media scrutiny did the Vatican reconsider the case and put Martinelli on trial.
This case was unprecedented. For years, the Vatican has dealt with alleged abusers out of the public eye, through administrative decisions shrouded in secrecy or legal trials with religious sanctions, such as the defrocking of convicted clergy.
Martinelli's 2021 acquittal concluded that the statute of limitations had expired on the charge of corruption of a minor. But the court ruled Tuesday that the period between Aug. 9, 2008 and March 19, 2009, when Martinelli was of legal age and the victim was a minor, falls within the statute of limitations.
The ruling included a rare prison sentence in the Vatican in a city-state that has only three prison cells. Last month, a Vatican court issued a series of other harsh rulings, including one against a high-ranking cardinal, in a corruption investigation.
Martinelli was also issued a fine and must cover the victim's legal fees.
The decision did not address whether he could remain a priest.
Pastor Enrico Radice, 74, who also faced trial in 2021 on charges of covering up the case, was previously acquitted and was not subject to appeal.
