Fighting Domestic Violence

Italy

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3. Similarities and differences in terminology
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3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence

The Italian legal definition of "domestic violence" replicates the Istanbul Convention, which states it is:

"All acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim."

3.2 Stalking

Under Italian law, the definition of "stalking" is the conduct of anyone who, with repeated acts, threatens or harasses another individual in such a way as to cause a persistent and serious state of anxiety or fear or a well-founded fear for their safety or for the safety of a next of kin or of a person linked by an affective relationship or to force the individual to change their life habits.[17]

3.3 Harassment

There is no definition of "harassment" in the context of domestic violence under Italian law.

There is a definition of "harassment" and "sexual harassment" in the workplace under Italian legislation on equal opportunities and equal treatment of men and women in matters of employment and occupation.[18] In this context:

"harassment" means "any form of unwanted conduct carried out for reasons relating to sex with the purpose or effect of violating the dignity of a worker and creating an intimidating, hostile, humiliating or offensive environment"

"sexual harassment" means "any form of unwanted verbal, non-verbal or physical conduct of a sexual nature carried out with the purpose or effect of violating the dignity of a worker and creating an intimidating, hostile, humiliating or offensive environment"

3.4 Victim

In Italy, the definition of "victim" laid down in the Istanbul Convention applies. Under the Istanbul Convention, victim means any natural person who is subject to:

  • an act of gender-based violence that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life; and/or
  • an act of physical, sexual, psychological or economic violence that occurs within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.

3.5 Abuser
There is no a specific definition of "abuser" under Italian law. That said, it is possible to consider an "abuser" to be the person who is found responsible for the commission of an act of domestic violence, stalking and/or harassment.
3.6 Civil protection order
Under Italian law, civil protection orders against domestic abuse are judicial measures by which the competent judge orders the cessation of a conduct that causes a serious prejudice to someone's physical or moral integrity or liberty.
3.7 Causes of action
Under Italian law, causes of action are the factual and legal grounds on which the plaintiff's right to a legal remedy in a court of law is based. In the context of domestic violence, the plaintiff would be the alleged victim.
3.8 Marital rape
"Marital rape" is a form of sexual violence committed by the offender against their spouse, even if separated or divorced.[19] Since it is a form of sexual violence committed against a current or former family member, it is considered a particularly serious crime that justifies an increase of the applicable sanction.
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

N/A

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