EU Parliament calls for consent-based rape laws News
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EU Parliament calls for consent-based rape laws

The European Parliament on Tuesday adopted a resolution urging the European Commission to establish a consent-based definition of rape.

The need for a new definition that does not define rape on the conditions of use of force, or the word “no,” aims to have a victim-centered approach to sexual assault and the trauma responses it can trigger. Parliament emphasized that “silence, lack of resistance, the absence of a ‘no’, previous consent, past sexual conduct, or any current or previous relationship must not be interpreted as consent,” and “only consent-based rape legislation can ensure access to justice.”

“It is both morally and legally unacceptable that women are not protected by ‘only yes means yes’ legislation across the EU,” said Swedish MEP Evin Incir. She pointed out, “more and more governments are recognising the need for this approach—since 2023, France, Finland, Luxembourg and the Netherlands have introduced consent-based laws. Momentum is with us: it’s time to deliver a common European definition of rape based on the absence of freely given and revocable consent.”

A new uniform definition of rape that does not rely on force or violence-based definitions aligns with the Istanbul Convention, an international treaty that aims to prevent and combat violence against women and domestic violence, which was ratified by the European Union in 2023. Article 36/2 of the Istanbul Convention makes it clear that “Consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances.” This highlights the broader need for EU member states to align their domestic legislation with evolving international human rights standards.

The European Parliament’s report in March also called for training, education, and awareness through tailored mandatory programs for professionals likely to come into contact with rape victims, as well as ensuring urgent medical treatment, access to safe and lawful abortion, sexual and reproductive health services, trauma-informed care, psychological support, and legal aid. This is to ensure that the needs of the victims are prioritized and to provide them with maximum support.

At the time of writing, only 17 of the 27 EU member states have adopted consent-based rape laws. The new minimum that states are expected to reach marks more than a legislative adjustment. It signals a broader shift in how sexual violence is understood, addressed, and ultimately judged in the European Union, highlighting that the victim’s lack of consent should be central to all definitions of rape. Now it is up to the European Commission to propose the legislation, which would then need to be approved by EU member states. However, member states can take immediate action to amend their laws now.

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