Since the dawn of humanity, women have always been bullied, dominated, and abused by men. But not anymore, with the rise of feminism in the last century or so. Day by day, more and more of their suppressed rights have returned, their stifled voices heard. Society has changed, and so has the law.

Sexual empowerment for women is getting better. But it can get funny and ugly, too.

In early March 2008, a 38-year old Japanese bikini model, popularly known by her professional name as Serena Kozakura, was facing criminal charges. But she was acquitted, for the simple reason that her breasts were big. Very big, in fact. It’s a case which proves that size DOES matter.

What happened was that she was charged for property destruction. A man accused her for kicking in the wooden door of his room, and crawled through the hole she had made. Apparently, he was with another a woman inside. No doubt, a typical love triangle, jilted feelings and revenge was thrown in the mix.

So how did her big breasts make the difference? Simple. In her appeal, her defence counsel brought a plate showing the size of the hole before the Tokyo High Court. He showed that it was impossible for her to fit through the hole with her 110cm breasts. Satisfied with such incontrovertible evidence, the court acquitted her.

“I used to hate my body so much,” said a relieved Kozakura. “But it was my breasts that won in court.” Now, that’s something you don’t hear everyday. She added: “The judges were very good-mannered as they showed no expressions on their faces.  I guess they’re well-trained.” And make great poker players too, one suspects.

Sexual empowerment, perhaps? Not really. But it goes to show how justice has a quirky way of turning people’s weaknesses into their strengths.

At the same month, halfway across the globe, eyebrows were also being raised by another women, at another court. But this time, there was no denying that a crime had been committed. Carla, a 48-year old Italian woman, had given the police false testimony by denying she had lent her mobile phone to her secret lover, Giovanni. Giovanni was charged for calling and verbally abusing Carla’s husband. Carla was charged as an accessory.

This was Italy, a country largely populated by conservative Catholics. Adultery being a big ‘no-no’ in the Ten Commandments, it would be unimaginable for the Court of Cassation, Italy’s highest court of appeal, to approve of any act of deceit covering for adultery.

But the unimaginable did happen. In a stunning decision, the court felt that having an affair was damaging upon the person’s reputation and standing amongst his family and friends. Thus, lying about an affair was permitted, even in police investigations.

Strange as the decision may seem, it is even stranger when one considers that in 1999, the same court had ruled that a women was incapable of being raped if she was wearing tight jeans, as its removal was only possible with her consent (the ruling was later rescinded, due to pressure from women’s groups). Indeed, the court appears to have gone a long way since then.

It is unsure whether the ‘license to lie about affairs’ equally applies to men, but it appears unlikely. Firstly, any society generally attaches more blame and shame to an adulterous woman than to an adulterous man. And secondly, indirectly supporting men to have flings would surely be a bridge too far.

One thing’s for sure – that it’s fine for Italian women to keep their secret affairs under wraps from everyone. Maybe it’s something to do with the popular belief that Italian men are so drop-dead good looking with their piercing eyes, charming, and simply irresistible, so it’s only fair that Italian women aren’t all to be blamed for being promiscuous. Maybe not.

Sexual empowerment, perhaps? You bet. But not the kind most of us have in mind, perhaps.
 

(This article is specially contributed by Raphael Kok, Law Student of University Malaya)