The European Parliament adopted on Tuesday a resolution calling on the European Commission to make consent the determining factor in rape legislation across the EU, with 447 members voting “for,” 160 “against,” and 43 abstaining.
Stating that “affirmative, freely given and unambiguous indication of consent is valid and that silence, a lack of verbal or physical resistance or the absence of a ‘no’ cannot be interpreted as consent,” the resolution also highlights that “consent can be withdrawn at any time before or during a sexual act.”
The European Parliament also called on the European Union to take an intersectional, victim-centered approach, highlighting the need for improved services and support for survivors including sexual and reproductive health care, trauma care, psychological support, and access to safe abortions.
As of today, 17 of the 27 EU member states already have consent-based rape laws, with other member states still defining rape based on elements of “force,” “threat,” or “coercion.” Since 2023, several European countries such as France,Finland, Luxembourg, and the Netherlands have adopted consent-based legislation, while Italy’s attempted legislative reform stalled.
The adoption of an EU-wide standard on the legal definition of rape with consent at the core would align with international standards, including the EU’s obligations under the Istanbul convention, which states that “consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances.”
The United Nations special rapporteur on violence against women, Dubravka Šimonović, highlighted in a 2021 report that governments should harmonize legislation with international standards, stating that a “[l]ack of consent by the victim should be at the center of all definitions of rape.” Globally, rapes are widely underreported; a key factor is “criminal justice systems which define rape based on the use of force,” the report said.
The EU member states who do not have consent-based definitions of rape in their domestic legislation do not need to wait to see if the European Commission proposes legislation, but instead can and should take immediate steps to amend their laws accordingly. It is past time to make clear that sex absent consent is rape.
