Opposition parties in Italy voiced strong criticism this week after the ruling coalition substantially altered a bill intended to tighten the legal definition of rape. The changes, introduced in the Senate by Senator Giulia Bongiorno (Lega), have reignited a bitter political debate over sexual consent law reform.
The original bill was the result of a rare cross-party agreement between Prime Minister Giorgia Meloni’s right-wing Brothers of Italy (FdI) and the centre-left Democratic Party (PD) under Elly Schlein. That version, approved unanimously by the Chamber of Deputies in November, would have made clear that any sexual act without “free and actual consent” amounts to rape — aligning Italy with a growing number of European countries codifying consent-based definitions of sexual violence.
Major Revisions in the Senate
Under the revised text presented by Bongiorno in the Senate Justice Committee:
- Removal of the specific phrase “free and actual consent” .
- Instead, the bill refers to a person’s “contrary will” or “dissent” to a sexual act, judged based on the situation and context.
- Penalties for general cases of sexual violence reduced to four to ten years’ imprisonment, down from six to twelve under the Chamber-approved version.
- Higher penalty ranges (six to twelve years) remain for aggravated offences involving violence, threats or abuse of authority. However, some sentences can be cut by up to two-thirds for less serious cases.
Backers of the changes argue the new wording avoids reversing the burden of proof on defendants and respects due process. Bongiorno has defended the revisions, saying the law continues to protect victims, including those unable to express consent due to fear, surprise or paralysis — known as “freezing” — while preserving the integrity of criminal proceedings and the right to defence.
Sharp Political Response
The PD has denounced the rewritten bill as “an offence to women, victims and the prime minister”, accusing the majority of breaking the political pact that originally produced the consent-based approach. Opposition parties including the PD, Five Star Movement and Azione have described the reformulation as a regression on women’s rights and a betrayal of a law seen as a landmark step forward.
Critics argue that replacing an explicit consent standard with a subjective assessment of dissent could shift the focus away from affirmative agreement and make prosecutions harder, undermining protections for victims. Some legal commentators have also warned that attenuated penalties further weaken deterrence.
The revised text is now under examination by the Senate committee. It is expected to be put to a vote later this month.
