The lack of "free and actual consent" falls within the crime of sexual violence.
A new law was introduced with a bipartisan amendment unanimously approved by the House Justice Committee in its consideration of the bill amending Article 609-bis of the Criminal Code regarding sexual violence and the free expression of consent. The amendment was presented by rapporteurs Michela Di Biase of the Democratic Party and Carolina Varchi of the Brothers of Italy, following negotiations that, even in the final hours, involved the leaders of the two parties, Elly Schlein and Prime Minister Giorgia Meloni .
According to the text, "anyone who performs, or causes to be performed, or undergoes sexual acts by another person without the free and current consent of the latter is punishable by six to twelve years of imprisonment ." The same penalty is provided for "anyone who forces someone to perform or undergo sexual acts by violence or threats or through abuse of authority, or who induces someone to perform or undergo sexual acts by abusing the physical or mental inferiority or particular vulnerability of the injured party at the time of the act , or by deceiving the injured party by impersonating another person. In less serious cases, the penalty is reduced by no more than two-thirds ."
"Without consent, it's always violence. Only yes is yes!" wrote Democratic Party secretary Elly Schlein on social media, posting a photo of herself and Prime Minister Giorgia Meloni shaking hands: " In the Justice Committee of the Chamber of Deputies, we unanimously approved a very important law that for the first time introduces the principle of free consent: finally, it is clarified that only yes is yes; finally, it is clarified that any sexual act without consent is rape ." "A fundamental cultural shift in the fight against gender violence," she concluded. "It's a step forward also called for by the Istanbul Convention, and we've demonstrated that on this fundamental issue, common ground can be found between the majority and the opposition to help the country move forward."
