Italian Legislation on Consent
The reform of art. 609-bis of the Penal Code explicitly introduces the principle of free and current consent in the crime of sexual violence, aligning with the Istanbul Convention.
2025 Legislative Process
Approvazione Camera
La Camera approva all'unanimità la modifica dell'art. 609-bis introducendo il consenso libero e attuale
Esame Senato
Il testo è in discussione presso la Commissione Giustizia del Senato
Discussione prevista
Previsti ulteriori approfondimenti e possibili modifiche al testo
Regulatory Framework
📋 Current Text (in force)
The current art. 609-bis punishes with imprisonment from 6 to 12 years anyone who forces someone to perform or undergo sexual acts through:
- • Violence
- • Threat
- • Abuse of authority
- • Exploitation of psycho-physical inferiority
Jurisprudence already considered consent central, but it was not explicitly defined in the text.
✨ New Text (approved by Chamber, under Senate review)
Anyone who performs or causes to perform or undergo sexual acts without the free and current consent of the person is punished with imprisonment from six to twelve years.
Consent must be the result of free self-determination and must remain throughout the sexual act, in line with the Istanbul Convention.
Questions about the Reform
Sources and In-depth Analysis
Note: The information contained on this page is for informational and educational purposes. For specific legal matters, it is recommended to consult a specialized lawyer. Content is updated as of December 2025.