Rome Times

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Sunday, Mar 09, 2025

Italy Moves to Strengthen Legal Framework Against Gender Violence

Italy Moves to Strengthen Legal Framework Against Gender Violence

New legislation introduces femicide as a standalone crime and enhances penalties for domestic violence.
The Italian government is advancing efforts to combat gender-based violence with a new draft law that introduces femicide as a standalone crime.

This initiative comes ahead of International Women’s Day on March 8 and aims to provide greater protection for victims and address the ongoing issue of violence against women.

The proposed legislation stipulates that anyone who causes the death of a woman as an act of discrimination or hatred based on her gender, or to repress her rights or freedoms, will face life imprisonment.

In cases where this specific motivation is not present, existing laws under Article 575 of the Italian Penal Code will apply, imposing a minimum sentence of 21 years.

In addition, the draft law increases penalties for domestic violence; sentences can be raised by one-third to one-half when the crime is motivated by discrimination or hatred towards the victim due to their gender.

This enhanced penalty framework also applies to cases of threats and revenge porn, with higher penalties for these offenses as well.

The draft includes provisions for increased training requirements for prosecutors in handling cases related to gender-based and domestic violence.

This training is designed to prevent secondary victimization and is expected to take into account the victims' trauma and age, emphasizing effective collaboration with organizations working in the field of violence prevention and response.

Prosecutors will also be mandated to hear directly from victims in cases specified under the new legal framework, as opposed to delegating this responsibility to law enforcement as per previous practices.

This legislative push follows the previous tightening of legal measures under the Rocca, Nordio, and Valditara law, which had already established stricter precautionary measures, including electronic monitoring, mandated distancing from victims, and provisions for arrest in cases of domestic violence.

The government aims to expedite the response times for legal processes involving domestic violence cases, drawing from findings of the European Court of Human Rights.

New measures dictate that prosecutors must assess risks and determine necessary precautions within 30 days and that judges must act on these recommendations within an additional 30 days.

Moreover, victims or their legal heirs facing economic hardship can request provisional payments for damages, enabling immediate financial support without waiting for the court's final decision.

The Democratic Party has expressed that while making femicide a specific criminal offense is a step in the right direction, it falls short of addressing the underlying issues of economic and social autonomy for women.

Party representatives indicated that structural interventions to empower women economically are critical for genuine prevention of violence.

Prime Minister Giorgia Meloni stated that the new law represents significant progress in the governmental response to violence against women, highlighting the introduction of femicide as an autonomous crime with associated penalties, which aims to strengthen the legal framework protecting victims.

Minister for Equal Opportunities Eugenia Roccella referred to the new legislation as an attempt to initiate a cultural shift regarding the perception of gender-based violence and affirmed the government's commitment to tackling violence against women comprehensively.

Justice Minister Carlo Nordio characterized the approval of femicide as a new autonomous crime as a historic moment for Italy’s legal framework, transitioning from viewing it merely as an aggravating factor in homicide cases.

This change aims to provide clearer legal recourse for victims and prevent the complexities arising from contrasting mitigating and aggravating factors.

Furthermore, Interior Minister Matteo Piantedosi pointed out the importance of limiting access to penitentiary benefits for those convicted under new laws, reinforcing the state's commitment to enhancing protective measures against domestic violence.

Institutional leaders, including Minister for Institutional Reforms Elisabetta Casellati, emphasized the necessity of distinguishing femicide as a crime reflecting profound societal and historical factors of inequality and discrimination against women.

The law aims to address the asymmetric power dynamics prevalent in relationships between men and women, aiming for cultural transformation alongside legal reform.
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