Judge Claudio Mattioli ruled to maintain the sexual assault charges despite prosecutors’ decision to drop them.
Romulus Mailat, the main suspect in the murder, was arrested in November 2007 and charged with rape and battery of Reggiani, whose almost dead body he supposedly abandoned in a ditch.
However, in January, a coroner report indicated the fact that Giovanna Reggiani was not raped.
The judge’s decision to maintain the sexual assault charges was based on the fact that the victim was found with no underwear and her button pants loose.
The judge said that Mailat’s first charge is that of sexual assault, followed by murder and theft.
Although the assault may not have been concluded, evidence shows that Mailat certainly intended to sexually assault the woman.
Prosecutor Maria Bice Barborini will have to also charge Mailat with the offense.