The European Parliament has called on the European Union to adopt a standardized consent-based definition of rape, a move legislators say is crucial for addressing the patchwork of laws across the bloc, some of which are insufficient. On Tuesday, 447 of the parliament's 720 MEPs voted to approve a report urging a common definition centered on the principle that 'only yes means yes,' prompting applause in the Strasbourg chamber.
Key Points of the Proposed Definition
According to a statement following the vote, '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.' This approach would require member states that still include force or violence in their legal definitions to align with international standards.
Voices from the Parliament
Joanna Scheuring-Wielgus, a Polish MEP and one of the main drivers of the initiative, emphasized the need for consistency: 'We can't have the meaning of rape change as we cross from one border to another. We can't have a situation where a rapist who has raped a woman in Germany can go to Hungary and isn't prosecuted because the law is different.'
Evin Incir, a Swedish MEP and campaigner, noted that Tuesday's vote demonstrated a 'huge majority' in favor of consent-based legislation. She urged the European Commission to 'take responsibility and promptly put forward a proposal.'
Current Legal Landscape
While most EU member states have adopted consent-based definitions, eight countries—including Italy, Hungary, and Romania—still require victims to prove verbal resistance, force, or physical struggle. A 2014 survey of 42,000 women across the EU found that one in ten women have experienced sexual violence since age 15, and one in twenty have been raped. However, only 0.5% of rapes in Europe lead to conviction, according to Incir.
Challenges and Future Steps
Whether the European Commission will act remains uncertain. In 2023, several governments blocked efforts to create a common definition, arguing it overstepped EU authority. Despite this, Scheuring-Wielgus and Incir defended the renewed push, citing changing times and increased public awareness. The case of Gisèle Pelicot, a French woman drugged and raped by her husband and others, highlighted the shortcomings of force-based definitions. Her courage has influenced public opinion and led to legal changes in France, Finland, Luxembourg, and the Netherlands.
The European Commission welcomed the parliament's move but has not committed to a proposal. Scheuring-Wielgus vowed to continue demanding action, stating, 'Europe and the EU can be a place where we fight robustly for women's rights. And we are – and can be – an example for others.'
