Definition of rape based on the absence of consent across the EU

In a report adopted on Tuesday by 447 votes to 160, with 43 abstentions, MEPs call on Member States that still define rape solely in terms of the use of force or violence to bring their laws into line with international standards (including the Istanbul Convention, ratified by the EU in 2023). They call for adequate support and protection for victims and survivors across the EU. For Parliament, silence, lack of resistance, the absence of a ‘no’, prior consent, past sexual behaviour or any current or previous relationship should not be interpreted as consent.

A new legal framework

MEPs argue that consent must be assessed in context, including in cases involving violence, threats, abuse of power, fear, intimidation, unconsciousness, intoxication, chemical submission, sleep, illness, disability or vulnerability. They argue that responses to trauma (such as ‘freezing’ or ‘false’ responses) must be included in legislation and judicial practice and reiterate their call for gender-based violence to be criminalised at EU level.

A victim-centred approach

The EP argues that only legislation on rape based on the absence of consent can guarantee access to justice. MEPs say the EU needs an intersectional and victim-centred approach, including the provision of immediate medical care, sexual and reproductive healthcare, safe and legal abortion, trauma care, psychological support and legal aid. They also want free specialist support services, including 24-hour crisis centres offering medical, psychological and legal support.

Training, education and awareness-raising

The report calls for mandatory, regular and tailored training for professionals who may come into contact with rape victims, including law enforcement officers, judges, prosecutors, lawyers, healthcare staff and emergency workers.

MEPs want the Commission to present EU guidelines on comprehensive sexual and emotional education by 2026, as well as EU-wide awareness-raising campaigns on consent, emotional relationships, sexual integrity and bodily autonomy, as well as measures to combat myths surrounding rape, content that undermines gender equality and misogynistic online propaganda from theincelcommunity(involuntary celibates, men who feel unable to engage in consensual sexual relations due to a perceived lack of physical attractiveness and who blame women for this).

Statements by the rapporteurs

‘It is morally and legally unacceptable that women are not protected by “only yes means yes” laws across the EU. We have been calling for a common European definition of rape for years, and although the Council blocked its inclusion in the Directive on combating violence against women, more and more governments recognise the need for this approach: since 2023, France, Finland, Luxembourg and the Netherlands have introduced consent-based laws. “There is momentum in this direction: the time has come to provide a common European definition of rape based on the absence of freely given and revocable consent,” said Evin Incir (S&D, Sweden), rapporteur for the Committee on Civil Liberties.

“One in three women in the EU has experienced gender-based violence. One in twenty has been a victim of rape. Thanks to brave women like Gisèle Pelicot, there are increasing calls for action. But we know that in our communities there are countless victims, many of whom will never see justice. Parliament is calling for justice by asking the Commission to propose legislation so that we can actively improve the situation for women, moving beyond outdated laws to guarantee them the same level of protection across the EU,” argued Joanna Scheuring-Wielgus (S&D, Poland), rapporteur for the Committee on Women’s Rights.

More information: European Parliament.