The European Parliament approved a resolution by 447 votes in favor, 160 against, and 43 abstentions, calling for the establishment of a common definition of rape at the EU level. According to the text, any sexual act without consent should be considered rape, with the aim of harmonizing the different national legal systems.
The resolution adopts the principle that “only yes means yes,” which has already been implemented in countries such as Spain following its 2022 reform. According to Members of the European Parliament, consent must be freely given, informed, explicit, and revocable at any time. It also clarifies that silence, lack of verbal or physical resistance, the absence of an explicit “no,” as well as a previous relationship or marriage, do not constitute consent.
The definition of rape is based on the absence of consent in 17 of the 27 EU member states, but in some countries (such as Estonia) it is still based on the presence of violence or threats.
From this point onward, the initiative passes to the European Commission, which is responsible for submitting a relevant legislative proposal. If that happens, the proposal would also need approval from the member states in the Council of the EU, something considered politically difficult, as several governments argue that criminal law remains a national competence.
Today, lack of consent is already a core element in the legal definition of rape or sexual assault in 17 of the 27 member states. However, in other countries, definitions still emphasize violence, threats, or coercion. In Estonia, for example, violation of a person’s will through violence or threats is required, while in Latvia the law refers to acts committed under pressure or coercion. In Romania, the focus is placed on the inability to express consent.
Supporters of the reform argue that older legal models make prosecution more difficult, often lead to unequal judicial interpretation, and may cause secondary victimization of survivors.
Sources: Euronews, European Parliament
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