Sexual offence allegations in Italy: the framework
Italian law does not grade sexual offences the way many other systems do. A single offence covers the field, from unwanted touching to the gravest conduct, carrying six to twelve years, with a reduction for cases of lesser gravity and increases where aggravating circumstances apply. The complaint must be filed within twelve months and, once filed, it cannot be withdrawn.
How the offence is built
| Element | Content | Provision |
|---|---|---|
| Basic offence | Six to twelve years | Art. 609-bis Criminal Code |
| Cases of lesser gravity | Reduced by up to two thirds | Art. 609-bis, final paragraph |
| Aggravating circumstances | Higher brackets | Art. 609-ter |
| Acts with a minor | Separate offence with its own age thresholds | Art. 609-quater |
| Group offence | Autonomous and more serious offence | Art. 609-octies |
| Complaint | Twelve months, and irrevocable once filed | Art. 609-septies |
Two features have no equivalent elsewhere and both matter enormously in practice. The reduction for lesser gravity is not a mitigating factor applied at sentence: it is a distinct assessment of the whole episode, and moving a case into it changes the outcome more than any other argument. And the complaint, once filed, cannot be withdrawn — an agreement between the parties does not stop the proceedings.
Consent
The offence covers acts committed by violence, threat or abuse of authority, and also acts obtained by abusing a condition of physical or psychological inferiority, or by deceiving the person as to the identity of the perpetrator. Consent given by a person unable to give it does not count.
The evidential question in practice is almost never about the act but about consent, and the evidence is rarely a single thing. Messages before and after, movements, the accounts of people present, timing: all of it is examined, and it is why acquisition of the complete exchange rather than selected extracts is so often the decisive request.
The work happens in the investigation
These proceedings follow the accelerated track applied to offences against the person, so measures may be imposed early. But the defence work that changes outcomes is done before any trial, in the investigation, and it has to start immediately.
- Secure your own communications intact and complete, before anything is deleted or a device is lost.
- Identify witnesses and any footage: recordings are overwritten within days.
- Do not contact the complainant, directly or through anyone else. It is the single most damaging thing a person in this position does.
- Do not post anything, and do not respond to anything posted.
- Say nothing about the facts before speaking to a lawyer, and do not sign an Italian record without translation.
The twenty days after the notice closing the investigation are the point at which submissions and documents reach the prosecutor before the decision to prosecute is taken. In this area more than any other, that window is where cases end.
Where the allegation is untrue
It happens, and Italian law addresses it: knowingly accusing an innocent person of an offence is itself a serious crime. But that is a separate proceeding with its own high threshold, and it is not a defence strategy in the main case.
The defence in the main case is built on the evidence, patiently and without counter-accusation. Files in which the defence has spent its energy attacking the complainant rather than testing the account are, in this area, the ones that go worst.
If you are the complainant
The person who has suffered the offence has rights of participation, may be assisted by a lawyer at the State's expense in these proceedings regardless of income in the cases the law provides for, and must be informed before a measure is varied or revoked. The general framework for injured parties is in the guide for victims of crime in Italy.
Frequently asked questions
Can the complaint be withdrawn?
No. Once filed it is irrevocable, and an agreement between the parties does not stop the proceedings.
How long is there to file a complaint?
Twelve months from the facts, longer than the ordinary three-month period applying to most offences.
What is a case of lesser gravity?
A distinct assessment of the whole episode which reduces the penalty by up to two thirds. It is not a mitigating factor applied at sentence.
Should I contact the person to explain?
No. It is the most damaging thing a person in this position can do, and it may itself found a further charge.
If an allegation has been made
The first days determine what evidence still exists. First contact is free and covered by professional privilege, at any hour.