Senate Select Committee

Sexual violence, 'recognisable consent' resurfaced

Rapporteur Giulia Bongiorno attempts mediation. A select committee will be given the task of rewriting the bill. The passage through the Senate scheduled for 8 April is postponed

by Giovanni Negri

2 April 2026

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2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

Step forward to break the impasse on the bill against sexual violence being examined by the Senate Justice Committee. In fact, a select committee will be entrusted with the task of writing a new text in an attempt to bring the positions between the majority and the opposition closer together, in the light of the ideas that have emerged from the latest hearings and to overcome the technical knots and the political knot, namely the principle of consent to a sexual act.

The dissenting node

A cornerstone of the text approved in November by the Chamber, but then amended in the Senate. In its place, in the basic text adopted by the committee and proposed by the rapporteur Giulia Bongiorno, there is now the "contrary will". With the establishment of the select committee, however, the passage of the measure in the House initially set for 8 April will slip.

Possible mediation

Giulia Bongiorno, chairwoman of the Justice Committee and rapporteur on the bill, emphasises that 'my will is to attempt one last mediation, because in recent years we have always found a synthesis on laws that are important for women, and it is essential to do so today as well'. On the merits, Bongiorno explains, 'I proposed to start again from my first proposal, that of the "recognisable consensus" - she explains - and I wanted to insist on the fact that it is too important to reach a mediation for a shared text. Next week in the select committee we will see if these positions come closer'.

The opposition block

As for the oppositions, who have reiterated that the only way to reach an agreement is to start from the text approved in the Chamber, Bongiorno replied: 'I am against ultimatums and I think the only way to reach a mediation is to seek it together. It is clear that there is a rift and if everyone remains firm on their position we won't get out of it, so the invitation to all is to find common ground, in the interest first and foremost of women".

L’avvicinamento

Certainly the mediation attempt centred on the notion of recognisable consensus constitutes a change from the model proposed in January by Bongiorno centred instead on dissent and brings the text closer to the version unanimously approved in the House.

The clarification

Less critical might be other passages of the Bongiorno version such as the clarification of the concept of contrary intention, extended also to the act committedby surprise or by taking advantage of the fragility of the offended person (e.g. because drunk or under the influence of drugs).

Sanctions

Then the penalties proposed in January by Bongiorno are differentiated. The penalty, in fact, is imprisonment from six to twelve years if the act is committed with violence or threat, abuse of authority or by taking advantage of the physical or mental inferiority of the offended person. On the other hand, the penalty is reduced by not more than two-thirds when, on account of the manner of the conduct and the circumstances of the specific case, or in consideration of the physical or psychological damage caused to the offended person, the act isof lesser gravity.