Italy’s new draft law on sexual violence marks a significant regression from a consent-based framework designed to protect survivors of sexual abuse. Instead of establishing the absence of freely given consent as the basis for assessing sexual violence, the revised law shifts the burden onto victims, requiring them to prove they explicitly refused sexual acts for them to qualify as assault.
This change conflicts with Italy’s obligations under international law, particularly the Istanbul Convention, which mandates that consent must be given voluntarily and assessed in the context of surrounding circumstances. As a signatory, Italy is required to define sexual violence in terms of the absence of freely given consent, a standard that the revised law fails to uphold.
In November, the Italian lower house of parliament initially voted to amend the Criminal Code to make lack of consent the defining criterion for rape, raising expectations that Italy would align its legal framework with international human rights standards. However, political opposition arose from Matteo Salvini, leader of the ruling Lega party, who argued that the bill allowed too much room for subjective interpretation. On January 22, Giulia Bongiorno, head of the Senate’s justice committee and a Lega politician, introduced an amendment that removed consent as the central element of sexual violence.
The amendment reinstates the requirement for explicit refusal, weakening accountability for sexual acts committed against a person’s will. This regression is particularly concerning given the high prevalence of violence against women in Italy, with preliminary 2025 statistics indicating that more than one in four women experienced physical or sexual abuse. Many survivors are unable to explicitly refuse due to fear, coercion, or shock, meaning the law could leave them unprotected.
Human rights advocates urge lawmakers to revert to the original bill and adopt a Criminal Code amendment that defines sexual violence based on the absence of freely given consent, ensuring legal protection aligns with international standards and better safeguards survivors.
