Italy – 2014 results

Law number 154 of 2001 (“Measures against violence in family relations) specifically addresses domestic violence with a focus on protecting the victim from the perpetrator. Domestic violence is defined as behaviour causing a spouse or other cohabiter serious prejudice to their physical or moral integrity, or to their personal freedom. The definition includes emotional, physical, and sexual, but not financial, abuse.^[21] While the law provides for the separation of a violent spouse or relative from the family, through civil or criminal proceedings, victims frequently decline to press charges due to fear, shame or unawareness of the law.^[22]

The Ministry of Equal Opportunity operates a hotline for victims seeking immediate assistance and temporary shelter, and there are over 200 shelters funded by local authorities. Although these initiatives have improved awareness of rights and remedies, cases of domestic violence remain underreported, in part due to the insufficient training of social operators, police and health workers, in part due to shame felt by victims and views that domestic violence is best either concealed or tacitly accepted.^[23]

Results from a recent survey by the European Union Agency for Fundamental Rights indicated that the prevalence of physical and/or sexual partner violence in Italy was of 19%.^[24]In addition, more than 120 women were killed in domestic violence attacks in 2012.^[25]Only 7% of Italians believe domestic violence is acceptable in certain circumstances.^[26]In 2013, the Italian government approved a 12 point legislative decree that sets stricter penalties for perpetrators of domestic abuse, sexual violence, and stalking, as well as grants law enforcement agencies the right to remove an abusive partner from the house. Critics, however, have argued that tougher legislation is not necessarily the solution in that existing laws are adequate but arbitrarily applied, paired with a lack of a well-organized, funded network of psychological, legal and financial assistance and resources for women in abusive relationships.^[27]

Rape, including spousal rape, is a criminal offense. According to ISTAT, in 2009, 178 individuals were prosecuted for rape.^[28]That same year, the Italian government approved a law that introduced tougher penalties for murder committed after sexual violence, sexual assault and lewd sexual acts against minors, gang rape and stalking all punishable with life imprisonment. Although Italy’s rape laws were originally written in the 1930s under the rule of Benito Mussolini, when rape was considered a crime against a woman’s honor, since 1996 rape has been classified as a crime against a person (not a crime against public morals) and punishment includes a minimum sentence of 5 years. The law also no longer distinguishes between crimes that include intercourse and crimes as acts of lust, the latter of which carried a lighter sentence.^[29]

Legislative Decree number 198 (also know as the “Code of equal opportunities for men and women"), enacted in 2006, specifically addresses sexual harassment, defined as “any unwanted conduct, physical, verbal or not-verbal, having sexual character and the purpose or effect of violating the dignity of a worker and creating an intimidating, hostile, degrading, humiliating or offensive environment.” The decree does not, however, provide specific criminal sanctions, nor is there legislation that addresses sexual harassment outside of the workplace.^[30] Sexual harassment can, however, be prosecuted under the criminal code provision on sexual violence, which is broadly worded and makes punishable “everybody who, with violence or threat or through abuse of authority, obliges anybody to make or to undergo sexual acts.”^[31] In addition, a law on stalking was introduced in 2009, which includes mandatory detention for perpetrators, including partners.^[32] The Italian National Institute of Statistics (ISTAT) reports that 55.2% of Italian women between 14 and 59 years of age have suffered from sexual harassment in their lifetime.^[33] When it comes to sexual harassment specifically in the workplace, most women prefer not to report cases to the police due either to a perceived lack of seriousness of the episode (28.4%), having solved the problem alone or with family help (23.9%), lack of trust in the police or the inability to act (20.4%), or the fear of being judged or mistreated when reporting the incident (15.1%).^[34]

The increase in migration to Italy has made visible the phenomenon of female genital mutilation, and a rising number of female infibulations has been recorded, mostly among women of Somali or Nigerian origin.^[35] As a consequence, Act 9 of 2006 introduced measures to prevent and punish FGM; violators are subject to a prison sentence of up to 12 years or more if the procedure is conducted on a minor or for profit.^[36] The most recent prevalence estimates in Italy show that there are 35,000 women with FGM and 1,000 girls are at risk in the country.^[37]

Using the most recent data available, the United Nations reports that 11.8% of women age 20-49 had an unmet need for family planning, while 40.6% were using a modern form of contraception.^[38] Average age at first birth for women is 30.2.^[39]

Although abortion is legal, women can face difficulties accessing emergency contraception or abortive pills, as doctors may choose to be “conscientious objectors”. There have been no efforts on the part of the government to provide a regular presence of non-objector doctors in hospitals so as to guarantee women’s right to a free access to sexual and reproductive health services.^[40]