Italy’s Senate Postpones Vote on Sexual Violence Consent Bill

Italy’s Senate has postponed a crucial vote on a bill that introduces the concept of consent in sexual violence law until February 2026. This decision has ignited criticism from opposition parties and reignited discussions surrounding the legal implications of the legislation. The Senate’s delay comes just a week after the bill received unanimous approval in the Chamber of Deputies.

Giulia Bongiorno, president of the Senate Justice Commission, confirmed to the Corriere della Sera newspaper that the bill is expected to be ready for committee review by January. The postponement, however, follows a request from the League party for additional hearings and a re-examination of the text, particularly concerning a section that addresses cases deemed of “minor gravity.” This request found support from both Forza Italia and Brothers of Italy, leading to the cancellation of a scheduled vote set for the International Day for the Elimination of Violence Against Women.

The bill was initially the result of an agreement between Democratic Party leader Elly Schlein and Prime Minister Giorgia Meloni of Brothers of Italy, and its swift passage through the Chamber was seen as a significant step forward in addressing sexual violence. However, the recent turn of events has raised concerns about potential political maneuvering following regional elections in which the centre-left secured victories in Campania and Puglia, while the centre-right prevailed in Veneto.

After the postponement, Schlein expressed her disappointment, stating, “I heard Giorgia Meloni and asked her to enforce the agreements. The text was unanimously approved less than a week ago. Now it would be serious if, on the skin of women, post-electoral showdowns were held within the majority.”

In response, Meloni defended the delay, emphasizing the importance of thorough legislative processes. “It is not something I can decide; it is a law of parliamentary initiative, not governmental,” she told Corriere della Sera. Bongiorno also clarified that while there was agreement between Schlein and Meloni, it did not extend to every detail of the proposed law or guarantee a vote on the initially scheduled date.

The bill has ignited debate beyond parliamentary procedure. Legal experts have raised concerns about the implications of combining consent requirements with a broad definition of “sexual acts.” Criminal lawyer Enrico Amati warned that such a combination might inadvertently place the burden of proof on defendants, a sentiment echoed by Eugenia Roccella, Minister for Equal Opportunities. Conversely, Fabio Roia, president of Milan’s Court, who has extensive experience with gender violence cases, dismissed these concerns, asserting that introducing the concept of free consent does not equate to a reversal of the burden of proof.

The discussion surrounding consent in sexual violence laws is part of a broader European context. In a joint statement, European Commission Vice-President Roxana Mînzatu, Equality Commissioner Hadja Lahbib, and EU High Representative for Foreign Affairs Kaja Kallas reaffirmed the European Union’s commitment to combatting violence against women. They highlighted the importance of “freedom from gender-based violence” as a foundational principle in their Roadmap for Women’s Rights, prioritizing it in the Gender Equality Strategy for 2026-2030.

The Istanbul Convention, ratified by the EU in June 2023, defines violence against women as a violation of human rights and calls on signatory countries to incorporate crimes such as stalking and sexual violence into their legal systems. While the EU adopted its first legislation against violence against women in 2024, the initial draft faced criticism for excluding consent from the definition of rape, a point of contention among several member states, including France and Germany.

In recent developments, France amended its legal definition of rape to include consent as a critical element following the Gisèle Pelicot case, which brought national attention to the issue. Several countries, including Spain, Sweden, the Netherlands, Canada, and Norway, have already moved towards consent-based definitions in their legislation to enhance protections for sexual abuse victims.

As discussions continue around the bill in Italy, the implications of the Senate’s delay are likely to reverberate throughout the European legal landscape regarding the treatment of sexual violence and consent.