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The Guardian World1 min read
European parliament urges EU to draw up standardised consent-based definition of rape
TL;DR
The European Parliament has urged the EU to create a standardized, consent-based definition of rape, emphasizing that only affirmative consent should be recognized. This move aims to unify varying laws across member states and enhance legal protections for victims.
Key points
- European Parliament calls for a standardized definition of rape
- New definition emphasizes 'only yes means yes'
- 447 MEPs voted in favor of the report
- Aim to unify laws across EU member states
- Prevent legal loopholes for rapists crossing borders
The European parliament has called on the EU to draw up a standardised consent-based definition of rape, in what legislators described as a crucial step towards addressing the patchwork of laws, some of them insufficient, that currently exist across the bloc.
On Tuesday, 447 of the parliament’s 720 MEPs voted to approve a report calling for a common definition of rape, centred on “only yes means yes,” prompting a loud round of applause in the chamber in Strasbourg.
“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,” the parliament said in a statement following the vote.
A common definition would force member states that continue to include force or violence in their laws to align with international standards, said Joanna Scheuring-Wielgus, a Polish MEP who was one of the main drivers of the initiative.
“We can’t have the meaning of rape change as we cross from one border to another,” she said. “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. And that’s what this report is about.”
In recent years, the majority of EU member states have adopted consent-based definitions of rape in their criminal codes. However, eight countries, ranging from Italy to Hungary and Romania, remain outliers, still requiring victims to prove to some extent that they verbally resisted, were forced, or physically fought back.
Tuesday’s vote showed that there is a “huge majority” in favour of consent-based rape legislation in the EU, said Evin Incir, a Swedish MEP who was one of the main campaigners in the lead-up to Tuesday’s vote. “Now the [European] Commission must take responsibility and promptly put forward a proposal.”
Whether the commission would do so remains to be seen; in 2023 several governments across the EU joined to block efforts to create a common definition of rape, arguing that it was an overstep of the EU’s remit.
Speaking to reporters after the vote, Scheuring-Wielgus and Incir, both from the parliament’s Socialists and Democrats group, defended the need to again try to reach a consensus among the 27-member bloc.
Q&A
What is the European Parliament's new definition of rape?
The European Parliament's new definition of rape centers on the principle that 'only yes means yes,' meaning consent must be explicit and cannot be inferred from silence or lack of resistance.
Why is a standardized definition of rape important in the EU?
A standardized definition is crucial to address the inconsistencies in laws across EU member states, ensuring that victims receive equal protection regardless of where the crime occurs.
How many MEPs voted for the new definition of rape?
A total of 447 out of 720 Members of the European Parliament (MEPs) voted to approve the report advocating for the new definition.
What are the implications for member states with different rape laws?
Member states with laws that include force or violence must align with the new definition, preventing situations where perpetrators evade prosecution by crossing borders.
