Italy’s parliament has taken a significant step towards strengthening the country’s laws on sexual violence, with the Chamber of Deputies Justice Commission approving an amendment to include mandatory consent in the sexual violence bill. The move marks a shift from the previous law, which focused on physical coercion or threats. The amendment was presented by Michela Di Biase of the Democratic Party and Carolina Varchi of Brothers of Italy.
According to parliamentary sources, the amendment was backed by party leaders Elly Schlein and Giorgia Meloni following recent discussions. 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.
Mandatory Consent: A Cultural Shift
The introduction of mandatory consent represents a significant cultural change in Italy’s approach to sexual violence. Di Biase emphasized that “sex without consent is rape,” highlighting the importance of prioritizing the victim’s experience. The new definition aligns with the Istanbul Convention, an international treaty aimed at preventing and combating violence against women.
The amendment 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, also known as the Code Red, previously raised penalties from six to 12 years and introduced specific aggravating circumstances.
Implications of the New Law
However, the implications of the new law extend beyond the courtroom. The emphasis on mandatory consent is expected to promote a culture of mutual respect and understanding. Additionally, the law’s focus on the victim’s experience may lead to increased reporting of sexual violence cases. Meanwhile, legal experts are reviewing the amendment to ensure its effective implementation.
In contrast to previous laws, the new amendment places greater emphasis on the victim’s autonomy and agency. The definition of 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.
What’s Next for the Sexual Violence Bill
The amendment is scheduled to be passed to the Chamber of Deputies next Monday before moving to the Senate. As the bill progresses through the legislative process, it is likely to face scrutiny and debate. The outcome will be closely watched by human rights organizations and advocacy groups. Readers can stay updated on the bill’s progress through reputable news sources, such as Euronews. Ultimately, the new law has the potential to make a meaningful difference in the lives of those affected by sexual violence.
