ROME Bipartisan agreement. Center-right-center-left, round. With the prime minister’s approval Giorgia Meloni and secretary of the Democratic Party Elly Schleinagreed in a series of personal contacts. Parliament rewrites sexual assault crimes. From now on, as stated in the new article 609-bis of the Criminal Code, anyone who “makes another person commit or engage in sexual acts” without «free and current consent». This is a great little revolution. It passed from amendments voted unanimously last night in the Judiciary Committee and signed by Fratelli d’Italia rapporteur Carolina Varchi and Democrat Michela De Biase. Green light in court on Monday.
CONTACT GIORGIA-ELLY
This turning point was the result of long negotiations between the majority and the opposition that resulted in agreements across the parliamentary spectrum. But also a direct confrontation between two equal rivals in Italian politics. He decided to lay down his arms to find a solution to the emergency that had no political coloring. They spoke on the phone, via WhatsApp, in the last few days. And finally the green light arrived.
Thus, free “consent” is included in the Criminal Code as a key element for distinguishing sexual acts from sexual violence. It must be “free” and “current”, that is, made clear at the time the relationship occurred. Regarding violence, there was no confrontation between political forces.
THE CASE OF VALDITARA
To think that the day started yesterday with a very different sign. With direct clashes in the courtroom between Education Minister Giuseppe Valditara and the opposition regarding this issue. Northern League minister defends bills on informed consent and sexual education in schools from attacks by minority groups. He increased his intensity and attacks in turn, accusing his rivals of “exploiting sensitive topics such as femicide” to criticize his actions. “I’m angry because you say that this law prevents the fight against feminization, what a shame!”. Open heaven. Brawls broke out, the opposition threatened to dissolve the session. “Deep divisions have emerged between the government and Parliament that do not allow us to take this action” warned Simona Bonafè of the Democratic Party. It took mediation from Forzista group leader Paolo Barelli to convince Valditara to reopen the debate.
The reverse tone, it was said, pointed to the turning point reached on the night regarding sexual violence. A strict law that promises to rewrite the entire jurisprudence regarding crimes of sexual violence. And it doesn’t end here. In reformulating 609-bis, the bipartisan pivot in Montecitorio has included other significant changes. According to the new text, even those who take advantage of the condition of “special vulnerability of the offended person” provided for in article 90 paragraph 1 of the Criminal Procedure Code will face a prison sentence of six to twelve years.
What does it mean? Just go to Code to get the case study. Exploiting a person’s “particular vulnerability” at the time of intimate relations, our law explains, means taking advantage of the “age and state of weakness or mental deficiency” of the person in front of you. But not only that. “To assess these conditions, it is necessary to consider whether the act was committed with violence against a person or with racial hatred, whether the act was caused by organized crime or terrorism, including international, or human trafficking, whether the act had a discriminatory aim, and whether the affected person was emotionally, psychologically or economically dependent on the perpetrator of the crime.” Of course, not all cases of violence are the same. And in fact, the new text states that “in less serious cases, the sentence is reduced by no more than two-thirds.”
NEW RULES
In fact, the scope of sexual violence is significantly expanded in the Criminal Code. It all started with a bill proposed by former DPR president and his deputy Laura Boldrini. However, it provides a much more stringent and surgical definition of “free consent” during sexual acts, for example by requiring that the definition be repeatedly updated. After lengthy discussions – which also involved Ministers Carlo Nordio and Eugenia Roccella – the right to compromise emerged. Sexual intercourse without “free consent” is violence.
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