Credits: open.online
In Italy the newly enacted law on "free and current consent" stipulates that at the time of any sexual engagement, consent must be actively conveyed. This is a serious legal change: the accused will need to prove innocence of the accusation of non-consent rather than the victim needing to prove the crime.
This law has created a legal atmosphere that undermines fundamental fairness for those accused of sexual assault. In effect, every man is a defendant; he will need to prove innocence, rather than the accused providing proof of the crime. In this process, the presumption of innocence is vanished, every meeting is a minefield, and every aspect becomes a legal risk.
Under this legal structure, if an individual only claims that consent was not given, it unlocks a legal process that puts the accused at a disadvantage because unless there is clear evidence to substantiate the claim, it will be impossible to defend against, and especially against the backdrop in which the word of the accuser is presumptively taken as more credible. The axiom that "the accuser must prove their case" is upended, therefore every man is in danger.
The bill doesn't protect sexual freedom, but rather, confines it. It doesn't protect a body but surveils it. If we truly believe that evil can be fought with bureaucracy rather than education and respect, we are in trouble. The real danger is that men and women will begin to operate with such extreme caution to avoid the law, that spontaneity will become impossible, like walking through life across a minefield.
References :
https://www.laverita.info/riforma-legge-violenza-donne-abusi-2674331155.html