The consideration of this law was accompanied by demonstrations in support of it. Photo: Damien Meyer/AFP
The resolution calls for “only clear, affirmative, freely given and unambiguous consent to be valid” in sexual relationships. It adds that “silence, the absence of verbal or physical resistance or the absence of a ‘no’ cannot be construed as consent”.
Any sexual act that goes beyond these limits should be considered rape, Euronews reports.
It also emphasizes that prior consent, past sexual relations or any relationship with the rapist – including marriage – does not automatically mean consent.
In this way, the resolution reflects the “only YES means YES” principle adopted in Spain in 2022 after a brutal gang rape.
Lack of consent is already a defining element of rape or sexual assault in 17 of the 27 EU 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 22 EU countries have ratified.
“Different” interpretation
However, legislation in some EU member states still relies on a forceful definition of rape, requiring victims to prove violence or threats. Estonia defines rape as violating the will of the victim by force or threats, and Latvia defines rape as sexual violence committed under duress, including force or other forms of pressure.
In Romania, the law focuses on the victim’s inability to express consent.
At the same time, legislation in Italy, Slovakia, Hungary and Bulgaria is vague, retaining elements of a coercive approach, according to an expert group established by the Council of Europe.
Such definitions often require interpretation by courts in terms of what constitutes a violent attack, which is not always consistent. This can lead to a high burden of proof and, in some cases, secondary victimization.
The legislative gap will be addressed
The resolution passed overwhelmingly with 447 votes in favor, 160 against and 43 abstentions.
The definition of rape remains a key gap in EU legislation on violence against women after it was removed from the 2024 directive, sparking criticism and protests.
The European Commission’s original proposal defined rape as non-consensual sex, but several member states opposed the provision.
Some, including France, argued that criminal law was a matter of national competence and should be left to individual countries.
According to the European Union Agency for Fundamental Rights, about 5% of women in the EU have experienced rape after the age of 15.
