Time for EU legislation to define rape based on absence of consent, say MEPs 

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• The EU must ensure effective access to justice for rape victims 
• Renewed call to make gender-based violence an EU crime 
• Demands include access to safe and legal abortion, specialised training for frontline staff, 24-hour crisis centres, online counter-propaganda campaigns 

The Commission should, MEPs say, propose EU legislation establishing a common definition of rape based on the concept of freely given, informed and revocable consent.

The report, endorsed on Wednesday by the Committees on Civil Liberties and Women’s Rights with 75 votes for, 27 against and 3 abstentions, builds on Parliament’s long-standing position that the absence of consent must be the central element in court proceedings for rape.

An EU-level definition based on absence of consent

MEPs urge the Commission to table legislation establishing an EU-wide definition of rape grounded in the absence of freely given, informed and revocable consent. Member states that still rely on force- or violence-based definitions are asked to align their laws with international standards, including the Istanbul Convention, ratified by the EU in 2023, and to ensure adequate support and protection for victims and survivors.

The report stresses that only this kind of legislation can ensure effective access to justice, as evidence shows it improves reporting, conviction, and recovery rates. MEPs also argue that such legislation should complement the 2024 EU directive on combating violence against women and domestic violence, which introduces common standards on prevention, protection and victim support. They reiterate the call for gender-based violence to be added to the list of EU crimes under Article 83(1) TFEU.

A victim-centred, intersectional approach

Sexual violence is often compounded by other forms of discrimination, MEPs say, urging member states to guarantee comprehensive medical care, including sexual and reproductive health services such as abortion, psychological support and legal assistance. The report highlights the need for 24-hour crisis centres, free specialised services and effective reparation mechanisms. It also calls for extending limitation periods for rape offences, recognising that many victims report crimes only after significant delays due to trauma, fear or social pressure.

Tackling digital violence and harmful gender stereotypes

MEPs want EU guidelines in 2026 on comprehensive sexuality and relationship education, as well as for EU-wide awareness campaigns to combat myths around rape, and online misogynistic propaganda, including online anti-gender content and incel propaganda that normalise violence against women.

They call for tailored training for law enforcement, judges, prosecutors, healthcare professionals and frontline services to prevent secondary victimisation and eliminate harmful gender stereotypes. Enhanced cooperation with civil society, women’s specialist services and EU agencies, such as the European Institute for Gender Equality and the Fundamental Rights Agency,, is requested.

Quotes

The Civil Liberties Committee rapporteur Evin Incir (S&D, Sweden), commented: “It is unacceptable that in 2026, in parts of the EU, women are still not protected by consent-based rape laws. Today’s vote brings us one step closer to creating a common, EU-wide definition of rape. ‘Yes means yes’ — and it must carry the same meaning in every member state. Women and girls deserve equal protection, regardless of where they live. I now urge the entire Parliament to complete this work in March by backing this report, and I call on the Commission to put forward a legislative proposal.”

The Women’s Rights Committee rapporteur Joanna Scheuring-Wielgus (S&D, Poland) stated: “Much has changed since the Council opposed the inclusion of a consent-based definition of rape in the Violence Against Women Directive. Since then, the case of Gisèle Pelicot has shaken the whole world. Her courage to speak out, has opened the eyes of even the most conservative opponents of this change. We have an obligation to use this momentum, not tomorrow, but now. The European Parliament has listened to the voice of Gisèle Pelicot and millions of Europeans. The political will is there, so the only question that remains is: what is the European Commission waiting for?”

Next steps

The report is expected to be tabled at the March II plenary session (25 – 26 March) in Brussels.