Until 1968, cheating on your husband was a crime: the absurd laws that kept Italian women in chains for centuries

For centuries, Italian law was anything but neutral. It was written by men, for men, and often against women. It was not just a patriarchal culture or social prejudice: it was the law itself that determined that a woman was worth less, had to obey her husband and was not allowed to make decisions about her own body or her own future...

In Italy, until a few decades ago, it was a criminal offense to cheat on one's husband and would result in imprisonment, while an unfaithful husband risked much less. A rapist could avoid a conviction by marrying his victim. And a husband could receive a lesser sentence if he killed his wife to 'defend his honor'.

We are not talking about the Middle Ages here, but rather Italy, during the second half of the 20th century. Many of these provisions have disappeared thanks to feminist and civil rights fighters. But remembering them is crucial in order to realize how recent women's freedom in Italy (and Europe as a whole) actually is.

Here are some of the most absurd laws and regulations that have curtailed women's rights in Italy.

Female adultery was a crime (until 1968)

Until 1968, the Italian penal code punished female adultery with up to one year in prison. It was enough for a woman to cheat on her husband once to be guilty of a crime.

Things were different for men: an adulterous husband was punished only if he maintained a steady, public relationship with another woman (...) In other words, male infidelity was condoned, female infidelity was criminalized.

The Constitutional Court declared this provision unconstitutional in 1968, finally recognizing the obvious discrimination between men and women.

The man was the 'head of the family' (until 1975)

Until the 1975 family law reform, Italian law stipulated that the man was the head of the family. This meant that he made the most important decisions: from the residence of the family to the management of assets, and even the education of the children. In practice, the wife was subordinate to his authority.

It was only with the reform of family law that legal equality between spouses was introduced and so-called 'marital power' came to an end.

Honor killings carried a lesser sentence (until 1981)

For decades, the Italian penal code had a form of reduced punishment for those who killed a wife to 'defend honor'.

Article 587 provided that anyone who killed his wife, daughter or sister after discovering an 'illicit' relationship could expect a much lower sentence than for ordinary murder. In practice, the state recognized that male honor could justify violence. This provision was not abolished until 1981.

Moreover, the rapist could escape punishment by marrying the victim (until 1981)

Another provision, now completely unthinkable, was that of so-called restorative marriage. If a man raped a woman, he could escape prosecution and punishment by marrying her. Marriage made the crime disappear. The idea behind it was clear: sexual violence was not seen as a crime against the person, but as a violation of the morals and honor of the family.

The story that changed everything was that of Franca Viola, a Sicilian girl who refused to marry her rapist in 1966. Her choice marked a huge cultural turning point. Restorative marriage was permanently abolished in 1981.

Rape was a crime against morality, not the person (until 1996)

Until 1996, sexual violence fell under crimes against public morals and good morals in criminal law. It was not considered a violation of personal liberty.

This meant that during the trial ,the victim rather than the perpetrator, was often the issue: the woman's behavior, clothing and private life were scrutinized as relevant elements in the case.

It was not until the 1996 law that rape was finally recognized as a crime against the person.

Women did not have access to many public positions (until 1963)

For a long time, certain public positions were simply taboo for women. The magistracy, the diplomatic service, senior leadership positions in the state: these were considered incompatible with 'female nature'.

In the parliamentary debate of the time, there were statements that are disconcerting today: according to some politicians, women were unfit to practice law because they were 'less balanced' or too much guided by emotions. It was not until 1963 that a law was passed giving women access to all public positions, including the magistracy.

White-signed resignation letters mostly affected working women (for decades)

For years there was a widespread practice that particularly affected women: the so-called white-signed resignation letter. At the time they entered employment, some employees were forced to sign a resignation letter without a date. The employer could fill it in at any time, such as when the employee became pregnant. Only in 2012 were rules introduced to seriously address this practice.

Why we need to remember this

Many of these provisions were abolished only between the 1970s and 1990s. So we're not talking about a distant, gray past, but rights that were conquered only recently. Remembering these laws is not just a matter of recounting the history of discrimination. Above all, it means understanding how important the civil rights and feminist struggle was that changed Italian society.

And above all, it reminds us of something very simple: rights never come naturally. They are fought for.
 

(©GreenMe.it 2026 / Managing Editor: Julie Morgan - The Press Junction /Picture: ©Miguel Bruna via Unsplash)