Il mancato consenso sul consenso: una riflessione alla luce della nuova Direttiva sulla lotta alla violenza contro le donne e la violenza domestica

In May 2024, the Directive on combating violence against women and gender-based violence was adopted, which, unlike the original Proposal, lacks a definition of rape as a non-consensual act of penetration. Such a solution represented the necessary compromise to reconcile the different positions of the Member States on this issue, whose legislations do not seem to align on the element of consent.

Following these premises, the article aims to offer an overview of the models pursued by the Member States to frame the offense of rape, also attempting a critical reflection on the current legislative fragmentation in the light of international sources.

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