Rape must be defined based on the absence of consent in all EU countries 

This article is brought to you in association with the European Parliament.

Parliament wants the Commission to propose legislation establishing a common definition of rape based on freely given, informed, and revocable consent.

In a report adopted on Tuesday with 447 votes for, 160 against, and 43 abstentions, MEPs call on member states that still rely on force- or violence-based definitions of rape to align their laws with international standards (including the Istanbul Convention, ratified by the EU in 2023). They also demand adequate support and protection for victims and survivors across the EU. Parliament says 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.

A new legal framework

MEPs say consent must be assessed in context, including in cases involving violence, threats, the abuse of power, fear, intimidation, unconsciousness, intoxication, chemical submission, sleep, illness, disability or vulnerability. They argue trauma responses (such as the “freeze” or the “fawn” responses) must be reflected in legislation and judicial practice and reiterate their demand for gender-based violence to be added to the charges considered as EU crimes.

A victim-centred approach

Only consent-based rape legislation can ensure access to justice, Parliament says. MEPs say the EU needs an intersectional and victim-centred approach, including the provision of immediate medical care, sexual and reproductive healthcare, safe and legal abortion, trauma care, psychological support, and legal assistance. They also want free specialist support services, including 24-hour crisis centres offering medical, psychological and legal support.

Training, education and awareness

The report calls for regular and tailored mandatory training for professionals likely to come into contact with rape victims, including law enforcement officers, judges, prosecutors, lawyers, healthcare professionals and frontline workers. MEPs want the Commission to present EU guidelines in 2026 on comprehensive sexuality and relationship education, as well as for EU-wide awareness campaigns on consent, relationships, sexual integrity and bodily autonomy, and for action against rape myths, anti-gender content, and incel propaganda online.

Quotes

Civil Liberties Committee rapporteur Evin Incir (S&D, Sweden) said: “It is both morally and legally unacceptable that women are not protected by ‘only yes means yes’ legislation across the EU. We have been calling for a common European definition of rape for years, and although the Council prevented its inclusion as part of the directive on combating violence against women, 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.” 

Women’s Rights Committee rapporteur Joanna Scheuring-Wielgus (S&D, Poland) said: “One in three women in the EU has experienced gender-based violence. One in twenty has been raped. Thanks to brave women like Gisèle Pelicot, there are growing calls for action. But we know that in our communities there are countless victims, many who will never see justice. Parliament is speaking up for justice by calling on the Commission to propose legislation, so we can actively improve the situation for women, moving beyond outdated laws to guarantee them the same level of protection across the EU.”

At 17.00 CEST on Tuesday 28 April, the rapporteurs will hold a press conference in Strasbourg, with the possibility of remote participation.