Without "free and actual consent," the crime of sexual violence is constituted. The bill was approved today by the Chamber of Deputies unanimously with 227 votes in favor. The bill, which now passes to the Senate, is the result of an amendment approved in the Justice Committee by rapporteurs Carolina Varchi of the Italian Left and Michela Di Biase of the Democratic Party, following negotiations that also involved Prime Minister Giorgia Meloni and Secretary Elly Schlein. Article 609-bis of the Criminal Code is completely rewritten, introducing the concept of consent, in line with the Istanbul Convention, whose components are freedom and actuality.
The bill consists of a single article, which completely rewrites Article 609-bis of the Criminal Code.
Free and current consent
The new text introduces the concept of "consent," in line with the foundations of the Istanbul Convention, whose essential components are freedom and actuality. The result is that any sexual act performed without the free and actual consent of the person involved constitutes a crime of sexual violence.
The three criminal conducts
The current article of the Criminal Code, paragraph 1, states that "anyone who, by violence or threats, or through abuse of authority, forces another to perform or submit to sexual acts is punishable by six to twelve years' imprisonment." This wording has been rewritten in the new bill as follows: "Anyone who performs, or causes another person to perform, or submit to sexual acts without the latter's free and present consent is punishable by six to twelve years' imprisonment." Therefore, in addition to introducing the concept of free and present consent, three different possible conducts are identified that constitute the crime of sexual violence: performing sexual acts on another person; causing another person to perform sexual acts; and causing another person to submit to sexual acts.
The particular vulnerability
The second paragraph of Article 609-bis of the Criminal Code today focuses on those who "induce" someone to "perform or undergo sexual acts by abusing the physical or mental inferiority of the victim at the time of the act." According to the amendment, sexual violence occurs whenever someone is forced to perform or undergo sexual acts through violence or threats, or through abuse of authority; and whenever the physical or mental inferiority or particular vulnerability of the victim is abused. Therefore, the new provision for "particular vulnerability" is introduced, with the aim of encompassing those subjective, individual, family, and contextual conditions that can make the victim more vulnerable to sexual requests. This, in turn, jeopardizes the expression of free and current consent.
The mitigating circumstances
Finally, the third paragraph maintains, for "less serious cases", the mitigating circumstance already provided for by the current law, which entails a reduction in the sentence by no more than two thirds.
(Unioneonline)
