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What is the law on sexual assault in Italy?
Italian law on sexual assault in Italy is primarily governed by Article 609-bis of the Italian Penal Code, which defines sexual violence as any sexual act carried out without the free and explicit consent of the victim, through violence, threats, or abuse of authority.
Under Italian sexual assault law, a person has the right to change their mind at any time, and any continuation of the act without full and ongoing consent constitutes a criminal offense. Likewise, the offense arises when the conditions or manner of the sexual act are not mutually agreed upon.
For anyone asking what is the law on sexual assault in Italy, it is important to understand that the legal system places strong emphasis on lack of consent, making even non-physical coercion punishable. Penalties typically range from 6 to 12 years of imprisonment, with harsher sentences in aggravated cases. In addition, the introduction of the Codice Rosso law (Law No. 69/2019) ensures fast-track procedures, requiring prosecutors to act quickly to protect victims and investigate allegations.
This legal framework applies equally to foreign victims in Italy, guaranteeing access to justice and legal protection regardless of nationality.
Is the age of consent 14 in Italy?
Italian law on age of consent in Italy establishes specific limits under which a minor’s consent to a sexual act can be considered valid and therefore exclude criminal liability for sexual offenses. In such cases, reference is made to “consenting minors”, meaning individuals who have agreed to the sexual act without any coercion or inducement.
In general, in Italy, the legal age of consent is set at 14 years; however, it rises to 16 years if the perpetrator holds a position of authority over the minor or lives with them, and increases up to 18 years if such individuals have acted by abusing the powers connected to their position.
Conversely, the minimum age is lowered to 13 years where both individuals are minors, provided that the age difference between minors does not exceed three years.
What is the red code in Italy?
The Red Code in Italy (Law No. 69/2019) ensures that cases of sexual and domestic violence are treated with urgency.
- Fast-track investigations: Prosecutors must hear the victim within 3 days of the report
- Immediate protection measures: Restraining orders and electronic monitoring can be applied quickly
- Priority handling: Authorities must act without delay
How do I report a case of sexual assault in Italy?
Under Italian sexual violence law, the crime of sexual assault in Italy is generally prosecuted ex officio, meaning that authorities can initiate investigations without the victim filing a formal complaint. However, if proceedings have not been started for any reason, the victim still has the right to file a criminal report in Italy with the Office of the Public Prosecutor in the place where the offense occurred.
When filing a report, it is important to clearly describe the key facts of the sexual assault and identify, as far as possible, the individuals involved.
The complaint (denuncia) or formal accusation (querela)—if the offender is known—can be made orally, in which case the police officer will draft an official statement, or submitted in writing directly to the Public Prosecutor’s Office.
The victim of sexual violence in Italy may also join the criminal proceedings as a civil party (parte civile) in order to seek financial compensation for damages. This step requires the assistance of a qualified Italian criminal lawyer, who will formally represent the victim in court.
Arnone & Sicomo Law Firm: Legal Support for Victims of Sexual Violence in Italy
Facing a case of sexual violence in Italy can be overwhelming, especially for foreign victims unfamiliar with the legal system. Understanding your rights is essential, but having the support of experienced sexual assault criminal lawyers in Italy is what truly makes the difference in protecting your interests and obtaining justice.
Arnone & Sicomo provides dedicated and discreet legal assistance for victims of sexual violence, guiding clients through every stage of the process—from filing the report to securing compensation. With extensive experience in assisting international clients, the firm ensures clear communication, immediate activation of protection measures under the Codice Rosso, and a strong legal strategy tailored to each case.
If you are looking for an Italian lawyer for sexual violence cases, do not face this situation alone. Contact Arnone & Sicomo for a confidential consultation and take the first step toward protecting your rights and reclaiming your peace of mind.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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