The European Parliament on Tuesday approved a resolution calling for an EU-wide definition of rape based on the absence of freely given and informed consent.
The resolution aimed at introducing the concept of consent into rape legislation in the 27 member states of the European Union was adopted on Tuesday by a large majority – with 447 votes in favour, 160 against and 43 abstentions.
The text urges that "only a clear, affirmative, freely given and unambiguous indication of consent is valid" in sexual relations.
It adds that "silence, a lack of verbal or physical resistance or the absence of a ‘no’ cannot be interpreted as consent".
Any sexual act outside this framework, it says, should be considered rape.
The text also stresses that prior consent, past sexual relations or any relationship with the perpetrator – including marriage – does not imply automatic consent.
The European Parliament had previously addressed the issue of consent two years ago, adopting a similar proposal by a large majority. However, the text was blocked in the European Council – notably by France, Germany and Hungary.
Swedish MEP and rapporteur for the text, Evin Incir said prior to the vote: "Not all member states have the same legislation. If this text passes, it will mean that women in the 27 EU countries are supported in the face of rape. Only 'yes' means yes. Everything else means no."
Awareness campaigns
Tuesday's resolution also calls for better handling of victims and access to justice – including the establishment of free specialist support services, including 24-hour emergency centres offering medical, psychological and legal support.
MEPs are urging the Commission to present Europe-wide guidelines on comprehensive sexual and relationship education, as well as awareness campaigns on consent and measures against rape misconceptions, anti-gender content and online "incel" propaganda.
Rising online masculinism in France fuels concern for consent, sexual health
Lack of consent is already a defining element of rape or sexual assault in 17 out of 27 member states, according to the European Parliament Research Service. The definition backed by the European Parliament is also in line with the Istanbul Convention, which has been ratified by 22 EU countries.
Evin points out that since 2023, France, Finland, Luxembourg and the Netherlands have adopted consent-based laws and that Italy is engaged in a similar evolution, saying: "The tide is turning."
Force-based definition
While countries including Sweden, Spain and Denmark have already integrated the text, legislation in several member states still relies on a force-based definition of rape, requiring victims to prove violence or threats.
The rapporteur for the Committee on Women's Rights, Joanna Scheuring-Wielgus from Poland, said that lack of consent played a central role in cases such as that of France's Gisèle Pelicot, who was drugged and raped by dozens of men including her husband.
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"One in three women in the European Union has experienced gender-based violence. One in 20 has been raped. Thanks to courageous women like Gisèle Pelicot, calls for action are growing. But we know that our communities have countless victims, many of whom will never see justice done," she said in a statement.
"Parliament is championing justice by asking the Commission to propose legislation that allows us to actively improve the situation of women, moving beyond outdated laws to guarantee them the same level of protection throughout the European Union."
It is now up to the European Commission to propose legislation, which would then need to be approved by EU member states.
(with newswires)
