The European Parliament has called for sex without consent to be treated as rape

This is according to Euronews.

On Tuesday, the European Parliament backed a resolution calling for a single definition of rape to be introduced across the EU.

The approach in question is that the key element of rape should be the absence of freely given and informed consent.

The European Commission must now propose the relevant legislation. This must then be approved by EU member states, which is usually a complex political process.

The resolution states that only clear, affirmative, freely given and unambiguous consent can be valid in sexual relations.

The document also emphasises that silence, the absence of verbal or physical resistance, or the absence of a direct “no” cannot be interpreted as consent.

Any sexual act outside these parameters, according to the European Parliament’s approach, should be considered rape.

The resolution specifically emphasises that prior consent, past sexual relations or any relationship with the perpetrator, including marriage, do not imply automatic consent.

This approach reflects the “only yes means yes” principle, which Spain introduced in 2022 following a high-profile gang rape.

According to the European Parliament’s Research Service, the absence of consent is already a defining element of rape or sexual assault in 17 of the 27 EU countries.

The definition endorsed by the European Parliament is also in line with the Istanbul Convention. It has been ratified by 22 EU countries.

At the same time, in some Member States, legislation still relies on a force-based definition of rape.

This approach requires victims to prove the presence of violence or threats.

In Estonia, rape is defined as a violation of the victim’s will through the use of force or threats.

In Latvia, it refers to sexual violence committed under duress, including through the use of force or other forms of pressure.

In Romania, the law focuses on the victim’s inability to give consent.

At the same time, according to the Council of Europe’s expert group, the legislation of Italy, Slovakia, Hungary and Bulgaria remains vague and retains elements of the force-based approach.

Such definitions often require judicial interpretation of what exactly constitutes a sexual assault.

This does not always happen consistently and can place a heavy burden of proof on victims.

In some cases, this approach can lead to secondary victimisation.

Supporters of the resolution stress that recent cases have highlighted the limitations of definitions based solely on force.

In a comment to Euronews, MEP Abir Al-Sahlaani cited cases in France involving drug use and online abuse as examples of new forms of sexual violence.

The resolution was supported by 447 MEPs.

160 MEPs voted against, with a further 43 abstaining.

The definition of rape remains one of the key gaps in EU legislation on violence against women.

This provision was previously excluded from a directive adopted in 2024, which sparked criticism and protests.

The European Commission’s initial proposal defined rape as sex without consent.

However, several member states opposed this provision.

Some states, notably France, insisted that criminal law falls within national competence and should remain the responsibility of individual countries.

According to the European Union Agency for Fundamental Rights, around 5% of women in the EU have experienced rape after the age of 15.

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