Italy redefines sexual violence law to include explicit 'free and current' consent

Italy's Chamber of Deputies Justice Commission has approved an amendment to the sexual violence bill to include mandatory consent, in a shift from previous law that focused on physical coercion or threats.

The amendment, presented by Michela Di Biase of the Democratic Party (PD) and Carolina Varchi of Brothers of Italy (FdI), was backed directly by party leaders Elly Schlein and Giorgia Meloni following contacts in recent days, according to parliamentary sources.

"This is an important step forward for the Italian penal code," Di Biase said during commission proceedings.

"This new text represents a great cultural change, because too often we have witnessed women being forced to justify themselves even in the face of the violence they have suffered. Sex without consent is rape," she explained.

The new text states that anyone who commits or induces sexual acts without the free and current consent of the other person will face six to 12 years imprisonment.

Consent is defined as a "free, conscious and unequivocal manifestation of the person's willingness to participate in the sexual act" valid for the entire duration of the act and revocable at any time.

Consent obtained by coercion, abuse of authority, threat, deception or by taking advantage of a condition of physical or mental vulnerability is not valid under the amendment.

The change updates Article 609-bis of the Criminal Code, which was introduced by Law No 66 of 1996 and moved sexual violence from the sphere of public morality to crimes against the person.

Law No 69/2019, known as the Code Red, raised penalties from six to 12 years and introduced specific aggravating circumstances.

The definition aligns with the Istanbul Convention and jurisprudence from Italy's Supreme Court, which has recognised sexual violence even in the absence of physical resistance.

The amendment is scheduled to be passed to the Chamber of Deputies next Monday before moving to the Senate.