The new text of the bill presented by Giulia Bongiorno smoothes out some critical points. Boldrini, Cucchi, Zan & C. scream.
As promised at the end of last year, the president of the Senate Justice Committee, Giulia Bongiorno, presented a new version of the bill on rape. Some remarks had been made on the previous formula which provided for the principle of «free and current consent». A concept defined as too vague and, therefore, subject to too many interpretations. In the new version, the paradigm is reversed and we talk about “dissent”. The new text reads: «The sexual act is contrary to the will of the person even when it is committed by surprise or by taking advantage of the impossibility of the person himself, in the circumstances of the specific case, to express his dissent». A framework that provides less room for judges’ interpretations.
The passage to the Chamber and the political clash
The original text was approved unanimously in the Chamber last November, at the end of a direct discussion between the Prime Minister, Giorgia Meloni, and the secretary of the Democratic Party, Elly Schlein. It was decided to make a law that would also provide a strong political response. However, during the drafting of the text, the parties distanced themselves and a harsh clash between the majority and the opposition broke out. The new proposal, like it or not, will be voted on by the Justice Commission in the coming weeks.
The Bongiorno line: balance between victims and law
Bongiorno defends the new approach as a point of balance between protection of victims And legal certainty: «The will of the woman remains central within the text. The new document also includes surprise conduct, such as so-called freezing. It seems like a good point of balance to me.” According to the Northern League lawyer, the reference to dissent would allow us to include situations in which the victim, due to shock or emotional paralysis, is unable to express an explicit refusal.
The opposition to the attack: “a step back”
The reactions from the opposition were harsh. «For Bongiorno and for the right, those who suffer violence have the burden of demonstrating why they did not react or why they did not say a strong enough “no”. The laws on sexual violence must protect the victims, not offer new alibis to the attackers”, attacked Avs senator Ilaria Cucchi. That, defining the proposal “unacceptable”also accused the government of having betrayed the initial political commitment: «The law on free and current consent is a law of civilization that overturns decades of stereotypes. Giorgia Meloni put her face to this law and today she lost it.”
The Democratic Party: “Consent removed, protection removed”
“They removed consent from the law on consent,” attacks Laura Boldrini, Democratic Party deputy and first signatory of the initial bill on consent. «The text proposed by Senator Bongiorno not only radically dismantles the law approved unanimously in the Chamber of Deputies, but marks an incredible step backwards in the protection of rape victims. We no longer talk about consensus. There is no longer any trace of either the word or the concept itself. And, furthermore, the punishment for those who commit rape is reduced. A slap in the face to all women.” “A step backwards, not only with respect to the agreement between Schlein and Meloni which led to the approval of the text on consensus in the Chamber and with respect to Bongiorno’s own declarations, but also with respect to current jurisprudence and therefore risks representing a dangerous choice”, the reaction of the dem group leaders of the Chamber and Senate, Chiara Braga and Francesco Boccia.
Other critical voices: “retrograde text”
For the rapporteur of the proposal in the Chamber, the dem Michela De Biase, the Bongiorno proposal is «retrograde and dangerous». For Alessandro Zan, Pd, the text is “paradoxical and serious”. “Yes is yes” means weakening the law and above all the protection of women. Good thing they had taken the time to “improve” the text. This is an embarrassing mockery.”
The trade union front and the defense of the majority
Naturally, the CGIL, now a true opposition party, also expresses itself very severely: «If the executive continues with the concept of action contrary to the will of the victim, as CGIL we prefer not to have the law and continue to rely on international law and the guidelines of jurisprudence, thus avoiding a heavy leap backwards, which can only be explained by the misogyny of the League of which Bongiorno is a member».
My colleague Erika Stefani, group leader in the Justice Commission, stands in defense of the Northern League member: «The exploitation of the opposition in these hours on the bill regarding consent and violence against women is unacceptable. We would like to remind our colleagues that, since it is a unified text, it was the Democratic Party itself that asked for the changes, proposing not to further increase the penalties, but to diversify them with regard to the first hypothesis of the crime of consent compared to that of sexual acts with violence or threat. It is no coincidence that Senator Bongiorno, in the commission, spoke of a “cascade of aggravating circumstances”: the proposed text, in fact, provides for a graduation of sentences. Now, they are the ones attacking, politicizing a topic that would require the utmost seriousness.”
The latest positions
Augusta Montaruli, deputy group leader of Fdi in the Chamber of Deputies, defines the criticism of Bongiorno “unjust and out of place” and recalls: «On such sensitive issues, there is no need for slogans or sterile polemics, but respect for parliamentary work and for those who work seriously in the interests of the victims. Any other path only risks weakening a battle that should unite everyone.”
«Bongiorno has always been notoriously at the forefront of these issues, both as a legislator, as a jurist, and as a protagonist of many initiatives in civil society», recalls Maurizio Gasparri, head of Forza Italia senators.
