Sexual offence allegations in Italy: the framework
Italian law does not grade sexual offences the way many other systems do. A unitary offence covers the field, from unwanted touching to the gravest conduct, with a distinct assessment for cases of lesser gravity that reduces the penalty, and increases where aggravating circumstances apply. The complaint has to be filed within the period the code fixes and, once filed, it cannot be withdrawn: an agreement between the parties does not stop the proceedings.
For anyone facing an allegation the consequence is that the work which changes outcomes happens in the investigation and has to begin at once. The evidential question is almost never the act but consent, and it is answered from messages before and after, movements, the accounts of people present and timing. Securing your own communications intact and complete, before anything is deleted or a device is lost, is the step that cannot be recovered later.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- The reduction for cases of lesser gravity is not a mitigating factor applied at sentence but a distinct assessment of the whole episode, and moving a case into it changes the outcome more than any other argument.
- Acts with a minor form a separate offence with its own age thresholds, and conduct by a group is an autonomous and graver offence again.
- The offence covers acts obtained 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, which is why intoxication, illness and dependence are examined in detail rather than in outline.
- These proceedings follow the accelerated track applied to offences against the person, so protective measures can be imposed early, well before any trial.
- Acquiring the complete exchange of messages rather than selected extracts is often the decisive request, because extracts chosen by either side distort the sequence.
- Footage is overwritten within days, so witnesses and recordings have to be identified immediately rather than when the file eventually arrives.
- Contacting the complainant, directly or through anyone else, is the most damaging thing a person in this position can do, and it is usually a breach of a measure already in force.
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.
The structure of the offence is unlike that of other systems, and each element carries practical weight. The table sets them out.
| Element | Content | Why it matters in practice |
|---|---|---|
| The basic offence | A unitary offence covering the whole range of conduct | There is no grading by act, so the episode is assessed as a whole |
| Cases of lesser gravity | A distinct assessment reducing the penalty | It changes the outcome more than any other argument available |
| Aggravating circumstances | Higher brackets where they are established | They are contested on the facts said to found them |
| Acts with a minor | A separate offence with its own age thresholds | Belief about age is examined strictly and rarely accepted |
| Conduct by a group | An autonomous and graver offence | Each participant's role has to be established individually |
| The complaint | Subject to the period the code fixes, and irrevocable once filed | An agreement between the parties does not end the case |
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.
How an allegation reshapes work, housing, reputation and plans
The consequences of an allegation of this kind begin long before any court has decided anything, and they are heavy.
Work. Employers, particularly in education, care, hospitality, security and public-facing roles, may suspend or dismiss on hearing of an investigation. Regulatory bodies may open their own enquiries. Colleagues learn of it through rumour. Ask the lawyer what you are obliged to tell an employer and what you are not.
Residence and travel. For a non-Italian citizen, a serious pending case can affect the renewal of a permit, and restrictive measures can prevent leaving the country. A sudden departure may be treated as flight. If a person is held in custody pending the case, that has immediate effects on work, rent and children.
Housing. If the person making the allegation lives in the same building, shares a flat or works nearby, a measure to keep them apart may require the accused to move out.
Reputation and privacy. News travels through local circles, online groups and workplaces. A person under investigation has no way of correcting the record at that stage. Do not respond publicly.
Family. Partners, parents and children are affected. Decisions about what to tell children should be taken carefully, and with advice.
The lawyer's role at this stage includes helping the person manage each of these areas without making statements that damage the defence.
Consent is the question these files actually turn on, and the law reaches several situations people assume are outside it. The table sets out how each is treated and what the evidence consists of.
| Situation | How the law treats it | What the evidence consists of |
|---|---|---|
| Acts obtained by violence or threat | Within the offence | Injuries, accounts of people present, surrounding messages |
| Acts obtained by abuse of authority | Within the offence | The relationship, its documented hierarchy and the sequence of events |
| Acts obtained by abusing a condition of inferiority | Within the offence | Medical records, the state of the person and what was observable |
| Acts obtained by deceiving the person as to identity | Within the offence | The communications that created the deception |
| Consent given by someone unable to give it | It does not count as consent | Toxicology, clinical records and the description given by witnesses |
| Consent asserted on the basis of later messages | Weighed in context with everything else | The complete exchange, before and after, rather than extracts |
Who reads this page, and what has just happened to them
An allegation of a sexual offence arrives in different ways, and the people who search for information about it stand in very different places. The situations below are the most common.
A person has learned that a complaint has been made against them. It may have come as a call from the police, a summons to attend, a message from a mutual friend, or a visit to a home or workplace. The allegation concerns an encounter that the person remembers in a quite different way: perhaps they believe it was consensual, perhaps they are shocked by the description, perhaps they remember very little because alcohol was involved. They are frightened and ashamed and they do not know what to say, to whom, or when.
A family member has been told that a son, partner or parent has been questioned, or arrested, or placed under a restrictive measure. They do not know what the person is accused of, whether they can visit, or whether to contact the other side. The family is often more distressed than the accused, and gives advice that makes matters worse.
A visitor or a student in Italy, far from home, has been named after a night out. They have little knowledge of the system, uncertain language, and a strong urge to leave the country immediately.
A person who has been the subject of an assault, and who is considering whether to report it, also reads this page, which is why it has a section for the complainant. The processes are described without judging either side.
What to gather, and what to leave alone, while the investigation is open
The defence of a sexual-offence allegation depends heavily on context: what happened before and after, who was present, and what was said. The following material is worth securing immediately.
- Your phone and its contents, untouched. Messages before and after the encounter, call logs, photos and location data often show the relationship and the circumstances. Do not delete anything and do not reset the device.
- A time-ordered account of the day or night, written for your lawyer alone, covering where you were, who you met, what you drank and when.
- Receipts, card statements, tickets and booking confirmations that fix times and places.
- Names and contact details of people who were present or who saw either person that evening. Do not ask them to say anything; leave that to the lawyer.
- Any messages with the complainant, from the whole period of the relationship, including friendly ones.
- Any record of medical examination, if you or the other person went to a hospital.
- Papers received from the authorities, with the date and manner of delivery.
- Your travel documents and residence papers, and details of work, in case a measure is requested.
- Social media accounts, preserved as they are, with privacy settings left unchanged.
Do not try to arrange the material into a story. Hand it over as it is, and let the lawyer decide what to use. Material that looks harmful to you may turn out to be neutral, and material that looks irrelevant may matter.
The early decisions: speak or stay silent, contact or avoid, stay or leave
The opening days of such a case present several choices, and the right answer depends on the file.
Make a statement, or remain silent for now. You are entitled to a lawyer before you answer questions. A prompt, accurate account can help, but only after the lawyer has seen what is alleged and what evidence exists. Many people speak because they want to clear up a misunderstanding, and find that casual remarks about the encounter are read in the least favourable way. The price of silence is that the file contains only the complainant's version for a time; the price of an unprepared statement may be a long-lasting inconsistency.
Contact the complainant, or avoid all contact. The urge to apologise, explain or ask what happened is strong. Do not give in to it. Any contact, even a kind message, can be treated as pressure and can lead to a restrictive measure or a further charge. All communication, if any is appropriate, goes through lawyers.
Stay in Italy, or leave. Leaving may look like flight, and a measure restricting movement may already be pending. Staying has its own costs. Ask the lawyer before booking anything.
Keep your phone and accounts as they are. Do not delete any message. Deleted material can often be recovered and deletion looks like concealment.
Conduct that does lasting harm, however natural it feels
Under stress, people do things that seem sensible and cause damage. These are the commonest.
- Do not contact the complainant, directly or through friends. It can be treated as an attempt to influence, and it can lead to a protective measure being sought.
- Do not post, comment or message about the matter, even to defend yourself. Posts are copied, and they are read for tone.
- Do not discuss the details in group chats or with colleagues. Anyone you speak to may be asked to give a statement.
- Do not delete messages, photographs or accounts. It is read as an attempt to hide evidence.
- Do not agree to a "private apology" meeting arranged by an intermediary. It may be recorded, and it creates a record of words that can be misread.
- Do not sign any statement you cannot read in full. Insist on an interpreter and a translation.
- Do not leave the country without advice. Departure can be read as flight and can complicate your return.
- Do not drink to cope with the stress before a hearing or a call. It affects judgement when it is most needed.
If you are unsure whether an action is wise, wait and ask. In the early stage of a case, doing nothing for a few hours is rarely costly, while a hasty message, post or call often is.
In the investigation some steps preserve a position and others destroy it. The table sets out what to do, why, and what each step affects.
| Action | Why | What it affects |
|---|---|---|
| Preserve your own phone and accounts intact, deleting nothing | Deletion is treated as conduct and removes your own best material | Both the evidence available and how the file reads |
| Export the complete message history rather than screenshots | Extracts distort the sequence and are challenged | The request for acquisition of the full exchange |
| Identify people present and any footage within days | Recordings are overwritten and recollection fades | Whether any independent account survives at all |
| Keep travel, entry and payment records from the period | They fix movements independently of either account | The timeline put before the investigators |
| Avoid any contact with the complainant, including through others | It is the most damaging step available, and usually a breach as well | The measure in force, and the view taken of the person |
| Avoid explaining the matter to friends, employers or online | Those accounts circulate and reach the file | What can later be maintained consistently |
| Hand everything to counsel rather than organising it yourself | Material gathered irregularly loses much of its value | Whether the defence can actually use what exists |
Questions worth asking about the offence, the evidence and your own position
Whether you are the person accused, the family, or the complainant, the questions below help to find the real shape of the file.
- Which offence is alleged, and does the file describe a specific act, a series of acts, or an aggravating circumstance?
- What evidence exists beyond the account of the complainant: messages, witnesses, medical findings, recordings?
- How is consent addressed in the file, and what material would show the context before and after the encounter?
- Is the complaint still within its time limit, and can it be withdrawn? If not, what follows from that?
- Has a restrictive measure been requested, and what would it mean for my home, my work and my freedom to travel?
- Should evidence be taken at an early stage in a protected form, and should I be present or represented?
- What may the defence investigate, and how, without risking a charge of interfering with a witness?
- If I am the complainant, what are my rights in the procedure, and who will explain them to me in my language?
- What happens to my reputation and my employment while the case is pending, and what may I say?
Keep a notebook of the answers. In the early days of such a case, information arrives in fragments, and a written record helps you remember which advice came from the lawyer and which came from friends, relatives or the internet.
Cases that cross a border: evidence, interpreters and families abroad
Many allegations of this kind involve a visitor, a student, a worker or partners from different countries, so the cross-border practicalities arise early.
Language is the initial difficulty. Statements, medical reports and interviews are in Italian. Both the accused and the complainant are entitled to an interpreter, and the record of what was said depends on the quality of the interpretation. Ask whether the interview was recorded and who interpreted.
Evidence may be abroad: messages stored on a foreign service, a friend who has gone home, a hospital record from another country, flights and hotel bookings. Securing it requires requests that take time, and some require a lawyer in the other country. Start immediately.
Time zones complicate contact with relatives, and relatives sometimes act without understanding the system. The family should have a sole point of contact with the lawyer, and should not contact the complainant or the complainant's friends.
Embassies and consulates can confirm arrests, help with documents and sometimes support family contact, but they do not take a position on the allegation, and they do not choose a lawyer.
If the accused returns home, a power of attorney lets the lawyer act in Italy, and the lawyer should explain in advance which hearings require presence. Employers abroad may learn of the matter and need a careful explanation.
Terms that appear on sexual-offence papers
The Italian papers in this area use words that are heavy in meaning. These are the ones most likely to appear on this page and in the materials on the offence.
- Violenza sessuale: sexual violence, the name of the principal offence. In Italian law it covers a broad range of conduct, from unwanted touching to the gravest acts.
- Querela: the formal complaint. After filing in this area it cannot normally be withdrawn, so a change of heart does not end the case.
- Persona offesa: the complainant, with rights to be informed and to take part.
- Consenso: consent. The central question in many files, assessed from context and conduct.
- Atti sessuali con minorenne: sexual acts with a minor, a separate offence with its own age rules.
- Violenza sessuale di gruppo: group sexual violence, an autonomous and heavier offence.
- Circostanze aggravanti: aggravating circumstances that move the offence into a higher range.
- Custodia cautelare: pre-trial detention, which can be ordered in the early stage.
- Indagini difensive: investigations carried out by the defence to collect material in favour of the accused.
If a word on your paper is not listed, send a photograph of the page to the lawyer. Do not rely on an online translation for these terms: the English words that come back are often broader or narrower than the Italian, and the difference can change how you understand what you are accused of, or what you can claim.
How the firm organises its work on sexual-offence allegations
The firm treats these cases with discretion. Contact begins by email to avvmassimoromano@gmail.com or by the number on the contact page. Say where you are, what paper or call you received, and whether anyone has been arrested or a measure imposed. Details of the encounter can wait for the opening conversation.
The initial call is private and unhurried even when the matter is urgent. The lawyer asks only what is needed to deal with the next step: the status of the person, the dates, and whether there is a summons or an order. You will be told whether to say anything to the authorities, and you will not be pressed to give a long account on the telephone.
The firm has offices in Rome, Milan and Naples. A meeting in person can be arranged in whichever city is closer to where the file is handled, and video calls are used for clients abroad. Communication is in English. Italian papers are read and explained to you before you sign, and an interpreter is arranged for any interview.
The defence investigation is planned with you: which witnesses, which records, which experts, and in what order. The firm coordinates with lawyers in other countries when evidence or family members are abroad.
For a person who has been arrested, or is about to attend an interview, the lawyer is reachable around the clock.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp