The European Parliament has called on the European Union to establish a standardised, consent-based definition of rape, a move legislators describe as essential to addressing the fragmented and often inadequate legal frameworks across the bloc. On Tuesday, 447 of the 720 MEPs voted in favour of a report advocating for a common definition centred on the principle that "only yes means yes," prompting applause in the Strasbourg chamber.
Key Provisions 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 compel member states that still incorporate force or violence in their rape laws to align with international standards.
Joanna Scheuring-Wielgus, a Polish MEP and a leading proponent of the initiative, emphasised the need for uniformity: "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."
Current Legal Landscape
While a majority of EU member states have adopted consent-based definitions in recent years, eight countries—including Italy, Hungary, and Romania—still require victims to demonstrate verbal resistance, force, or physical struggle. Tuesday's vote signals a "huge majority" in favour of change, according to Swedish MEP Evin Incir, who urged the European Commission to "take responsibility and promptly put forward a proposal."
However, the commission's response remains uncertain. In 2023, several EU governments blocked efforts to create a common definition, arguing it exceeded the EU's remit. Despite this, advocates remain hopeful, citing shifting public opinion and high-profile cases.
Impact of the Gisèle Pelicot Case
Scheuring-Wielgus noted that the issue of consent entered public consciousness in 2024, particularly through the case of Gisèle Pelicot, a French woman whose husband drugged and facilitated her rape by multiple men while she was unconscious. "Her courage to speak out has opened the eyes of even the most conservative opponents of this change," she said. The case exposed the inadequacy of defining rape solely through force or resistance rather than consent.
Following this, France amended its sexual assault laws to include consent, a trend also seen in Finland, Luxembourg, and the Netherlands. A 2014 EU-wide survey of 42,000 women found that one in ten had experienced sexual violence since age 15, and one in twenty had been raped. Yet conviction rates remain dismal: only 0.5% of rapes in Europe lead to a conviction, according to Incir.
Political and Social Context
The European Commission welcomed the parliament's move, but Scheuring-Wielgus expressed doubt about the commission's belief in the feasibility of such legislation. She vowed to continue pressing for action, stating, "If you look around the world, you can see that the EU is now the only place where we're still fighting for women's rights." She pointed to setbacks in the US and Middle East, adding, "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."
