There proposed law on sexual violence approved on first reading by the Chamber and blocked in the Senate upon request for further information by the majority consisted of one article, which completely rewrote the article. 609-bis of the Criminal Code.
Free and up-to-date consent
New text introduces meaning of “consent”in line with the fundamentals of the Istanbul Convention, whose important components are identified in terms of freedoms and current issues. As a result, any sexual act committed without the free and current consent of the person involved may be considered a crime of sexual violence.
These three criminal acts
The current Criminal Code article, paragraph 1, states that “whoever, by force or threat or through abuse of authority, forces a person to commit or undergo a sexual act, is threatened with a prison sentence of six to twelve years”. The formulation was rewritten as follows by PDL: “Anyone who commits or causes another person to commit or undergo sexual acts without the free and direct consent of that person, is threatened with imprisonment from six to twelve years”. Therefore, in addition to the introduction of the concept of free and current consent, three different possible behaviors that constitute the crime of sexual violence are identified: committing a sexual act against another person; causing another person to commit a sexual act; causing another person to commit a sexual act.
“Special vulnerability”
The second paragraph of article 609-bis of the Criminal Code today highlights people who “induce” someone to “commit or undergo sexual acts by abusing the condition of physical or mental inferiority of the person who was harmed at the time of committing the crime.” According to the modifications introduced Sexual violence occurs whenever someone is forced to commit or undergo a sexual act by force or threats or through abuse of authority; and whenever the condition of physical or psychological inferiority or particular vulnerability of the offended person is abused”. Therefore, a new provision on the condition of “particular vulnerability” was introduced, with the aim of covering subjective, individual, familial and contextual conditions that may make the victim more vulnerable to sexual solicitation.
In fact, it is prejudiced against free and current expressions of consensus.
Mitigating factors
Finally, the third paragraph states, for “less serious cases”, mitigating circumstances are provided for by the current law, which requires a reduction in the sentence of no more than two-thirds.
