30 years of rape law in Italy The DDL Bongiorno and the current debate

On February 15, 1996, Law no. 66 "Rules against sexual violence" came into force in Italy, a landmark reform that profoundly changed the way our legal system addresses sexual violence. After decades in which rape had been considered a crime against public morality and decency, the law removed from the Fascist Rocco Code the provisions that framed these offenses as moral violations and placed sexual violence among crimes against the person and personal freedom in the criminal code. With this change, sexual assault was recognized as a direct offense against an individual’s freedom and integrity, rather than a matter of public order or morality.

The history of rape law in Italy

The law introduced a new legal framework, entirely repealing the section dedicated to "crimes against sexual freedom" and inserting a series of articles, from 609-bis to 609-decies, which define and punish sexual violence, gang sexual violence, aggravating circumstances, procedural aspects, and additional penalties. This transformation was the result of a long struggle that began more than twenty years earlier, with draft bills and civil mobilizations that gathered hundreds of thousands of signatures and led to cross-party collaboration among members of Parliament. The result was a text that not only strengthened criminal penalties, but also recognized the centrality of the victim’s freedom and consent within Italian criminal law.

A cultural revolution in criminal law

Law 66/1996 shifted the focus from abstract concepts of "public morality" to individual protection, recognizing sexual self-determination as a fundamental right. This meant that sexual violence had to be assessed primarily in relation to the will and freedom of the victim, rather than in reference to generic social values. The legislative process was anything but simple: from 1977 to the late 1980s, proposals, legal studies, and advocacy initiatives followed one another, culminating in a parliamentary agreement marked by tensions and compromises. Law 66 was therefore the result of a cultural shift as well as a legal one, marking a decisive turning point in the social perception of sexual violence.

The Bongiorno bill and the current debate

Thirty years later, the protection of victims of sexual violence remains a central issue in political debate. In recent weeks, the Bongiorno bill has been at the center of criticism: a proposed amendment to sexual violence legislation that has raised concerns among associations, activists, and many political representatives. According to critics - including those who took part in demonstrations organized by anti-violence centers and the CGIL - the draft text would change how lack of consent is framed, replacing the word consent with formulations such as "against the person’s will" and differentiating penalties depending on whether violence or threats were involved. These proposed changes were at the center of Saturday’s mobilization.

Rape legislation in Italy today

The 1996 law remains a fundamental reference point in the legal protection of victims of sexual violence, but the current debate shows how the issue remains alive and controversial. What we have today is not enough, and we must continue to question how laws translate into practice and which paths should be pursued to ensure that the protection of personal freedom and individual dignity are, finally, fully guaranteed within our legal system.