Italy Sexual Violence Bill: Uncovering Its Critical Flaws

Italy sexual violence bill has sparked widespread concern among women’s rights advocates, legal experts, and international observers. The proposed changes to the Criminal Code shift away from a consent based definition of sexual violence and instead place greater burden on victims to prove explicit refusal. Critics argue that this move represents a serious regression in protecting survivors and undermines Italy’s human rights obligations.

Italy is a signatory to the Council of Europe Convention on preventing and combating violence against women, widely known as the Istanbul Convention. The treaty requires member states to define sexual violence based on the absence of freely given consent. A bipartisan proposal introduced in Italy’s lower house sought to align domestic law with this standard by affirming that any sexual act without clear consent constitutes rape.

However, political opposition altered the trajectory of reform. Matteo Salvini , leader of the Lega party, argued that centering consent could create ambiguity and legal uncertainty. An amendment introduced by Giulia Bongiorno removed explicit reference to consent as the defining element of the offense. The revised draft now requires proof of explicit refusal, effectively narrowing the scope of what qualifies as sexual violence.

Why The Consent Shift Matters Moving from an absence of consent framework to one requiring explicit denial places unrealistic expectations on survivors. In many cases, individuals experiencing assault may freeze, fear retaliation, or be unable to verbally resist due to shock or coercion. Requiring a clearly articulated “no” disregards the complex realities of trauma responses.

Early 2025 findings from Italy’s national statistics agency indicate that more than one in four women report experiencing physical or sexual abuse. Against this backdrop, narrowing legal definitions risks discouraging reporting and weakening accountability mechanisms.

International human rights organizations, including Human Rights Watch , emphasize that modern legal standards increasingly recognize that consent must be voluntary, informed, and ongoing. Silence or lack of resistance cannot be interpreted as agreement. Aligning domestic law with these principles is essential for meaningful protection.

Broader Implications For Women’s Rights Debate surrounding the bill reflects wider tensions in Italy over gender equality and bodily autonomy. Public demonstrations, including feminist mobilizations in Turin and other cities, have highlighted concerns that regression in sexual violence legislation signals broader threats to women’s rights.

Legislators now face mounting pressure to revisit the original proposal and adopt a definition of sexual violence grounded firmly in the absence of freely given consent. Doing so would bring Italy into compliance with its international commitments and strengthen legal protections for survivors.