It took decades, protests and dramatic news stories for real change. Finally Italy has expressed itself without any more ambiguity: if there is no consent it is sexual violence.
Yesterday the Chamber of Deputies unanimously approved an amendment which inserts the principle of “free and current” consent into the penal code as a central element for defining rape. It was presented by Michela Di Biase (PD) and Carolina Varchi (FdI), after a negotiation that also involved Elly Schlein and Prime Minister Giorgia Meloni. The measure marks a historic turning point: for the first time Italian law places consent at the center of the definition of the crime.
Stop ambiguity: black and white consensus
The amendment modifies article 609-bis, which currently considers sexual violence only acts carried out “with violence, threat or abuse of authority”. It is the so-called “constrained model”, based on constraint.
With the new formulation, however, the law punishes those who carry out sexual acts without the free and current consent of the other person. “Current” means that consent must be expressed at the moment the act occurs, not taken for granted or presumed.
The text therefore establishes that “whoever carries out or causes another person to carry out or undergo sexual acts, without the free and current consent of the latter, is punished with imprisonment from six to twelve years”. The limitation of the previous approach is evident: many attacks occur without physical violence or explicit threats, but still remain non-consensual. Numerous studies and testimonies have shown for decades that one of the most widespread reactions in rape victims is a psycho-physical block that prevents them from resisting. Silence and immobility, therefore, are not signs of adhesion, but consequences of the trauma.
In the past, Italian jurisprudence had already begun to move closer to the consensus-based model, also in response to the recommendations of GREVIO, the body that monitors the application of the Istanbul Convention. The Convention defines rape as a sexual act without voluntary consent, assessed in the concrete context. Until now, however, the Italian Parliament had not yet translated this principle into a clear rule. Finally, now, things will change. The crime reform is not yet in force, but it should get the green light to pass through the Senate on November 17th.
The strong impact of the Giséle Pelicot case in Europe
Italy thus follows the steps recently taken by France, where a debate exploded with the chilling case of Gisèle Pelicot. For years the woman was drugged and abused while she was unconscious by her husband and dozens of men. The affair has revealed profound gaps in French legislation, especially with respect to the definition of consent and the protection of victims who cannot physically resist.
Public outrage has pushed the French Parliament to adopt a reform that makes it unequivocally clear that consent must be expressed in a free, informed and revocable manner. Silence or inactivity can never be interpreted as consent.
France has thus aligned itself with European countries that adopt a “only yes means yes” model, where the lack of active consent is enough to constitute the crime. And from today onwards Italy also rediscovers itself as more civilized.
