According the Italian Supreme Court, a legitimate sexual intercourse between partners always requires both parties’ consent. In fact, marriage does not constitute per se a justification in order to claim a sexual intercourse.

Judgement no. 46051/2018 states that “it does not exist an husband’s potestative right upon the fulfilment of his sexual instincts”.

The case concerned a man – whose conviction to imprisonment up to 2 years has been confirmed – who forced his wife to have sexual intercourse. Furthermore, the Court recognised the lack of any elementary sense of respect towards women’s dignity; which has been treated as an object of pleasure.