In brief. Sexual assault (violenza sessuale) in Italy is governed by art. 609-bis of the Italian Criminal Code (Codice penale, “c.p.”), introduced by Law 66/1996, which redefined sexual offences as crimes against the person rather than against public morality. The offence covers any sexual act compelled by violence, threat or abuse of authority, as well as acts obtained by deceiving the victim or by exploiting a condition of physical or psychological inferiority. Both prosecution and defence demand technical handling: the central battleground is consent, and proceedings are subject to specific procedural safeguards for the person reporting the offence.

What art. 609-bis c.p. covers

Art. 609-bis c.p. (violenza sessuale, “sexual violence”) punishes whoever, by violence or threat or by abuse of authority, compels another person to perform or undergo sexual acts. The same penalty applies to whoever induces another person to perform or undergo sexual acts by abusing the victim’s condition of physical or psychological inferiority at the time of the act, or by deceiving the victim through impersonation.

Two features distinguish the Italian model:

  • The notion of “sexual act” (atto sessuale) is broad. It encompasses not only intercourse but any act that intrudes on the victim’s sexual sphere. Case law of the Court of Cassation has consistently held that the relevant criterion is the objective intrusion on bodily sexual integrity, irrespective of the perpetrator’s stated motive.
  • There is no separate, lesser offence of “indecent assault.” The 1996 reform merged the former crimes of violenza carnale and atti di libidine into a single offence, with a discretionary mitigation for cases of “minor gravity” (art. 609-bis, final paragraph).

In Italian law there is no statutory definition of consent of the type now found in some common-law jurisdictions. A reform bill, passed by the Chamber of Deputies on 19 November 2025 with a “free and current consent” wording, is before the Senate (A.S. 1715), where in January 2026 the Justice Committee adopted a different base text built on the victim’s “contrary will” (dissent). As of October 2026 the reform has not been finally approved: the art. 609-bis described here remains the law in force. Liability turns on whether the sexual act was obtained through one of the coercive or abusive means listed in art. 609-bis. The practical consequence is that the case is decided on whether consent was absent, vitiated, or validly given.

Three situations recur in practice:

  • Violence or threat. Physical force or intimidation overrides any apparent agreement.
  • Abuse of authority. A person in a position of power (custodial, professional, hierarchical) exploits that position to obtain the act.
  • Condition of inferiority. The victim is unable to give valid consent because of intoxication, illness, disability or other impairment, and the perpetrator exploits that condition.

Consent must persist throughout the act; consent withdrawn during the act and disregarded by the other party founds liability. Conversely, the defence frequently centres on demonstrating that consent was freely given and maintained, that the alleged means of coercion did not exist, or that the defendant reasonably and non-negligently perceived consent. These are intensely fact-sensitive enquiries in which documentary, digital and testimonial evidence carry great weight.

Penalties and aggravating circumstances

The base penalty under art. 609-bis c.p. is imprisonment from six to twelve years.

  • Minor gravity (art. 609-bis, final paragraph). Where the act is of lesser seriousness, the penalty may be reduced by up to two-thirds.
  • Aggravated sexual assault (art. 609-ter c.p.). Rather than fixing a separate range, this provision raises the base penalty by set increments — increased by one third in the general aggravated cases, by one half where the victim is under 14, and doubled where the victim is under 10 — when specified aggravating circumstances apply, for example where weapons or drugs are used, where the perpetrator is a parent, guardian, spouse or (former) partner, where the victim is pregnant or under 18, or — since Law 181/2025 — where the act is committed as an act of hatred, discrimination, control or domination against a woman as such.
  • Group sexual assault (art. 609-octies c.p.). Where the act is committed by several persons acting together, a distinct and more severely punished offence applies.

Sexual offences also trigger a series of accessory consequences, including restrictions linked to so-called Codice Rosso legislation (Law 69/2019), which accelerated and reinforced the protection of victims of gender-based and domestic violence.

How proceedings work

Prosecution, as a rule, requires a complaint (querela) filed within twelve months, which is irrevocable once filed. It proceeds ex officio (without a complaint) where the victim of the sexual assault is under 18; where the perpetrator is a parent (including adoptive) or the parent’s cohabiting partner, a guardian or a person to whom the minor is entrusted for care, education, instruction, supervision or custody; where the perpetrator is a public official acting in that capacity; or where the offence is connected with another offence prosecuted ex officio. Aggravating circumstances under art. 609-ter do not, by themselves, remove the complaint requirement.

Key procedural features:

  • Protected hearing (incidente probatorio / audizione protetta). Vulnerable victims, and minors in particular, may be heard in protected conditions to avoid secondary victimisation, often with the assistance of an expert.
  • Restrictions on the victim’s private life. The law limits questioning on the victim’s prior sexual conduct unless strictly necessary to the facts in issue.
  • Precautionary measures. Given the gravity of the offence, pre-trial custody or other coercive measures (such as a ban on approaching the victim) are frequently sought, especially under the Codice Rosso framework.
  • Civil claim within the criminal trial. The victim may join the proceedings as a parte civile (civil party) to seek compensation.

For foreign nationals, additional issues arise: the right to an interpreter, consular notification, and the interaction between any conviction and immigration status. ILA assists English-speaking clients on both sides — defendants facing Italian charges and victims seeking protection and redress.

Defence and victim support

The firm acts within a strict ethical framework, offering robust technical assistance whether instructed by a person under investigation or by a person who has suffered an offence.

For the defence, work concentrates on the reconstruction of events, the assessment of the means of coercion alleged, the analysis of digital and forensic evidence, the credibility of testimony, and the correct legal classification (including the availability of the “minor gravity” reduction). Early intervention — before the first questioning — is often decisive.

For victims, the firm advises on filing the complaint, securing protective measures, the protected-hearing procedure, the civil claim for damages, and access to support services. Throughout, the priority is to safeguard the dignity and procedural rights of the person concerned.

For the broader framework of sexual offences in Italy, see our pillar on sexual offences.

FAQ

What counts as a “sexual act” under art. 609-bis c.p.? The notion is broad and is not limited to intercourse. It covers any act that objectively intrudes on the victim’s sexual integrity, obtained through violence, threat, abuse of authority, exploitation of a condition of inferiority, or deception by impersonation. The perpetrator’s stated motive is not decisive.

Is sexual assault always prosecuted automatically in Italy? No. As a rule it is prosecuted on the victim’s complaint (querela), to be filed within twelve months and irrevocable once filed. Prosecution proceeds automatically (ex officio) in defined cases: victim under 18, perpetrator who is a parent, guardian or person entrusted with the minor, public official acting in that capacity, or connection with another offence prosecuted ex officio.

What penalties does sexual assault carry? The base penalty under art. 609-bis is six to twelve years’ imprisonment. Acts of minor gravity may be reduced by up to two-thirds, while aggravating circumstances (art. 609-ter) and group sexual assault (art. 609-octies) raise the penalties significantly.

If you are facing an investigation for a sexual offence in Italy, or you have suffered one and need protection and representation, contact ILA without delay. Read our sexual offences pillar and reach us through the Contact page; you can also learn more about the firm.