Italy’s new draft law on sexual violence represents a serious step backward from a consent-based approach to addressing sexual abuse. Rather than consolidating consent as the basis for assessing sexual violence, the revised text shifts the burden back onto victims, requiring them to demonstrate explicit denial of consent for an act to be considered sexual assault.
This approach runs counter to Italy’s obligations under international law, including the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). Article 36 of the Convention provides that “consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances.” As a party to the Istanbul Convention, Italy is obliged to amend its legislation to base definitions of sexual violence on the absence of freely given consent.
In November, the lower house of parliament voted to amend the Criminal Code to do just that. The bipartisan initiative initially sought to introduce the principle that sex without genuine consent constitutes rape, raising hopes that Italy would finally bring its legislation into line with international human rights standards.
But Matteo Salvini, the leader of Lega, one of the ruling parties, warned that the proposed law, in his view, “leaves too much room for individual interpretation” and “personal vendettas, by women and men, without any abuse.” On January 22, Giulia Bongiorno, a Lega politician and head of the Senate’s justice committee, introduced an amendment that removed consent as a defining element of the offense.
The revised text re-introduces the notion that only explicit refusal can establish sexual violence, weakening criminal accountability for sexual acts committed against a person’s will. This regressive measure is particularly concerning given the scale of violence against women in Italy. More than one in four women surveyed by the National Institute of Statistics said they experienced physical or sexual abuse in 2025, based on preliminary results. Requiring proof of an explicit ‘no’ ignores that many survivors are unable to physically resist or verbally refuse due to fear, shock, or coercion.
Lawmakers should revert to the original bill, and adopt a Criminal Code amendment that clearly defines sexual violence on the basis of the absence of freely given consent.
