Italy’s progress on defining consent in sexual assault law has been abruptly halted, as a Senate vote on crucial legislation has been postponed until February 2026. The bill, which received unanimous approval in the Chamber of Deputies just last week, aimed to explicitly introduce the concept of consent into the country’s legal framework surrounding sexual violence, a move highly debated across Europe. This delay introduces significant uncertainty for victims and advocates.
The postponement was announced by Giulia Bongiorno, president of the Senate Justice Commission, citing a request from the League party for additional hearings and a re-examination of the bill’s text. While the committee work is expected to conclude by January, a final Senate vote is now more than two years away. This decision comes shortly after regional elections, raising questions about political motivations.
The Road to Defining Consent in Italy Faces Obstacles
The League’s concerns center around a paragraph addressing cases deemed of “minor gravity,” with calls for further clarification. This request was supported by Forza Italia and Brothers of Italy (FdI), effectively blocking a vote that had been scheduled to coincide with the International Day for the Elimination of Violence Against Women. According to reports, the bill initially stemmed from an agreement between Democratic Party (PD) leader Elly Schlein and Prime Minister Giorgia Meloni of FdI.
Opposition parties have strongly criticized the decision, alleging that the ruling coalition is deliberately sabotaging the legislation. Elly Schlein publicly appealed to Prime Minister Meloni to uphold the prior agreement, emphasizing the importance of avoiding “post-electoral showdowns” at the expense of women’s safety. Maria Elena Boschi, of the Italia Viva party, expressed a loss of trust in the majority.
Prime Minister Meloni defended the delay, stating that the law “must be done right, not in haste,” and clarifying its parliamentary nature. She denied any intentional attempt to rush the vote for political gain. Commission President Bongiorno echoed this sentiment, highlighting the lack of specific detail in the initial agreement.
Debate Surrounding the Bill’s Impact
The proposed legislation has sparked broader debate among legal experts. Criminal lawyer Enrico Amati cautioned that combining consent requirements with the existing broad definition of “sexual acts” could inadvertently shift the burden of proof to the defendant. This concern was also voiced by Equal Opportunities Minister Eugenia Roccella. However, Fabio Roia, president of Milan’s Court, vehemently refuted this claim, asserting that defining consent does not equate to reversing the burden of proof.
European Context: Femicide and Violence Against Women
Italy’s struggles reflect a wider European conversation on addressing violence against women and the nuanced issue of defining sexual consent. A recent joint statement by European Commission Vice-President Roxana Mînzatu, Equality Commissioner Hadja Lahbib, and EU High Representative for Foreign Affairs Kaja Kallas reaffirmed the European Union’s dedication to ending gender-based violence.
The EU’s Roadmap for Women’s Rights identifies “freedom from gender-based violence” as a core principle and prioritizes it in the upcoming Gender Equality Strategy 2026-2030. This commitment builds upon the Council of Europe’s Istanbul Convention, which defines violence against women as a human rights violation and calls for its criminalization, including stalking, sexual and physical violence, and forced marriage. The EU ratified the Istanbul Convention in June 2023.
However, progress has been uneven. The EU’s first legislation against violence against women, adopted in 2024, notably excluded consent from the definition of rape following opposition from France and Germany. France subsequently amended its laws in October to explicitly include consent in the legal definition of rape, following a high-profile case of sexual assault while a victim was incapacitated. Other countries, including Spain, Sweden, and Canada, have already implemented consent-based definitions of sexual assault.
The delay in Italy adds to ongoing discussion on how best to strengthen protections for victims of sexual violence and align national laws with European standards. Further scrutiny of the proposed legislation and the concerns raised by various stakeholders is expected in the coming months. As the debate continues, it will be vital to monitor whether a consensus can be reached that effectively addresses femicide and provides robust legal safeguards for potential victims.
