THE MADNESS OF BOLDRINI'S RAPE PROPOSAL

Italian original version
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1) ANOTHER STEP FORWARD TOWARDS FEMINIST GYNOCRACY

The proposed law aims to rewrite Article 609-bis of the Criminal Code, which states that

Whoever, by violence or threat, or through abuse of authority, forces another to perform or submit to sexual acts is punishable by six to twelve years of imprisonment.

To this article, they want to add "without consent" after the word "whoever," and they want to add a second, problematic paragraph, which interprets the concept of consent.

The second paragraph states that For the purposes of Article 609-bis of the Criminal Code, as replaced by paragraph 1 of this article, consent is defined as that expressed as a free expression of a person's will and which remains such and unchanged throughout the entire sexual act. Consent must be assessed taking into account the situation and context and can be revoked by the person at any time and in any form.

This outrage, despite being proposed by the Democratic Party, was warmly welcomed by Fratelli d'Italia (1, 2, 3, 4), was approved by the committee, and is expected to be approved by both the Chamber of Deputies and the Senate, which should not encounter too many obstacles, given that the committee's approval was unanimous.

2) WHY IS IT A PROBLEM?

The press portrays the introduction of consent as a triumph that brings Italian law up to date. In reality, consent, besides being a feminist ideological element (1, 2, 3, 4) that is being grafted onto the penal code, represents a much larger problem. Currently, Italian law, in evaluating cases of sexual violence, relies on objective indicators such as the presence of violence and the use of physical force against the victim, and evaluates the victim's reaction to the sexual violence, as specified in the following rulings of the Court of Cassation (1, 2, 3, 4). With this new law, the objective assessment that allowed for the dismissal of false rape accusations that women use as a weapon of legal persecution against men is eliminated and replaced with a subjective expression of consent that should last for the entire duration of intercourse. Revocation of this consent during intercourse is also subjective. Therefore, a man can be accused of rape even if he fails to perceive nonverbal signals of refusal, even if the withdrawal of consent is not explicitly expressed, since the article states that it can be revoked in any way. Since the issue of consent is subjective, the presumption of innocence is eliminated: the man will always be guilty until proven guilty. He will therefore have to somehow prove that the woman expressed consent and that this consent was valid throughout the entire duration of sexual intercourse. It will be easier to accuse her of rape, and post hoc threats and retroactive revocation of consent are also possible: a man can be accused of rape even if the sexual act was consensual; the woman will simply have to deny it in court.

CONCLUSIONS

Regime propaganda suggests that consent is not taken into account in the Italian criminal justice system and that it has been introduced for the first time with this proposed law. This is false. The Court of Cassation has already ruled that lack of consent constitutes the crime of sexual abuse, and that even a manifestation of dissent during the proceedings can be sufficient to consider sexual assault if the relationship is not terminated. This is precisely what the law seeks to introduce, with the difference that assessing the presence of consent complements, and does not replace, the objective assessment of the facts.

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