Femicide is now an autonomous crime in Italy

Femicide is now an autonomous crime in Italy

Environment · ·

In Italy, femicide is now a standalone offence punishable by life imprisonment. And there is another development: the concept of consent in sexual acts

On the day the world marks the International Day for the Elimination of Violence against Women, the Italian Parliament stands out for one piece of good news and one that is, instead, rather negative: on one hand, the recognition of femicide as an autonomous crime punishable by life imprisonment. On the other, the postponement of the legislative introduction of the principle of free and current consent, without which any sexual act becomes rape – a principle on which a cross-party agreement among political forces had seemed to be in place. Two measures that were symbolically scheduled together for today, given the occasion, and that fit – or would fit – into the attempt to tackle a phenomenon that remains structural and cultural: sexual violence and femicide. In Italy, according to Istat, over 22 per cent of women have experienced physical or sexual violence in their lifetime, while across the world the UN reminds us that a woman or girl is killed by a partner or family member every 10 minutes.

Femicide becomes an autonomous crime

La Camera ha approvato all'unanimità il ddl Introduzione del delitto di #femminicidio e altri interventi normativi per il contrasto alla violenza nei confronti delle donne e per la tutela delle vittime.

#OpenCamera

With the new law definitively approved by the Chamber, femicide is no longer framed as a simple aggravated homicide, but as the crime of killing a woman because she is a woman. The new article of the penal code provides for life imprisonment for anyone who kills out of hatred, discrimination, domination, possession, control, or because the woman has refused to begin or continue a relationship.
The measure also strengthens the protection system: aggravating circumstances are increased for crimes such as assault, stalking, sexual violence and revenge porn. The crime of domestic abuse also changes, now applicable to former non-cohabiting partners who share children. In terms of safeguards, extended protections are introduced for orphans of femicide even in non-formalised couples, stronger mandatory training for those working in the judicial and healthcare system, facilitated access for underage girls to anti-violence centres, and guaranteed access to free legal aid for all victims.

Free and current consent: what happened

In the Senate, a new key concept was due to be introduced: that sexual violence no longer requires proof of physical force, threat or abuse of authority, but rather the absence of free and current consent. Today, in fact, the crime of rape is tied to physical or psychological coercion. Yet numerous studies show that many victims do not react precisely out of fear of making the violence worse: they freeze, become paralysed, or are unable to say no. Under the new provision, the result of a political agreement between the majority and the opposition, any sexual act without explicit consent would become a crime, bringing Italy closer to the definition set out in the Istanbul Convention, which clearly speaks of "sexual acts without consent". The proposed sentence is two to six years in prison. Unfortunately, after an agreement was reached last week between the majority and the opposition to pass this change on the very day against violence against women, the cards on the table shifted at the last moment in the Senate, with members of the majority calling for "further in-depth examination" – in other words, another round of hearings before the Justice Committee.

The data: domination, control and a global phenomenon

The backdrop to all of this is set by the new Istat 2025 report, which shows how gender-based violence is deeply rooted both inside and outside intimate relationships. Control is one of the most widespread forms: it affects 22.9 per cent of young women between 16 and 24, and up to 25 per cent of foreign women. Control is also one of the main warning signs: among those who have experienced sexual violence, one in five reports that domineering behaviour was already present.

83,000 women and girls were deliberately killed last year.

Most were killed by someone they should have been able to trust, like a partner or family member.

Learn more in the latest @UNODC & @UN_Women report on femicides: bit.ly/3JU9Gwd

#NoExcuse

The global picture confirms the urgency. According to UN Women and the United Nations Office on Drugs and Crime (UNODC), in 2024 83,000 women and girls were intentionally killed, 50,000 of them at the hands of partners or family members. One every ten minutes – the shocking statistic we mentioned at the outset. As Sarah Hendriks, Director of the UN Women Policy Division, notes: "Femicides do not occur in isolation. They often sit within a continuum of violence that can begin with controlling behaviour, threats and harassment, including online. Every woman and girl has the right to be safe in every sphere of her life, and this requires systems that intervene promptly." Italy is now taking an important step forward on the femicide offence, but also a worrying step back. Yet the data make it abundantly clear that what is needed are policies, culture, education and services capable of intervening long before a story of domination becomes a crime report.