The European Parliament on Tuesday adopted a resolution urging the European Commission to propose legislation that would define rape across the European Union as any sexual act performed without freely given, informed consent. The measure, passed with 447 votes in favour, 160 against, and 43 abstentions, seeks to harmonise criminal law among the 27 member states on a matter that has long divided the bloc.
The resolution explicitly states that “only a clear, affirmative, freely given and unambiguous indication of consent is valid” in sexual relations. It adds that “silence, a lack of verbal or physical resistance or the absence of a ‘no’ cannot be interpreted as consent.” Any sexual act falling outside this framework would be considered rape. The text also stresses that prior consent, past sexual relations, or any relationship with the perpetrator—including marriage—does not imply automatic consent.
Divergent National Laws
Currently, 17 out of 27 EU member states already define rape or sexual assault based on the absence of consent, according to the European Parliament Research Service. This approach aligns with the Istanbul Convention, which 22 EU countries have ratified. However, several member states still rely on a force-based definition, requiring victims to prove that violence or threats were used. In Estonia, for example, rape is defined as a violation of the victim’s will through force or threats, while Latvia refers to sexual violence committed under constraint, including force or other forms of pressure. Romania’s law focuses on the victim’s inability to express consent. Meanwhile, legislation in Italy, Slovakia, Hungary, and Bulgaria is described as vague by an expert group set up by the Council of Europe, retaining elements of a force-based approach.
Such definitions often require interpretation by courts regarding what constitutes a violent assault, which is not always consistent. This can lead to a high burden of proof and, in some cases, secondary victimisation of survivors. Supporters of the resolution argue that recent cases have exposed the limits of force-based definitions. Speaking to Euronews, MEP Abir Al-Sahlani pointed to cases in France involving drugging and online abuse as evidence of evolving forms of sexual violence that current laws fail to address adequately.
Political Hurdles Ahead
The resolution reflects the “only yes means yes” principle adopted by Spain in 2022 following a brutal gang rape. However, the path to EU-wide legislation remains uncertain. The definition of rape was a key gap in the EU directive on violence against women adopted in 2024, after it was excluded due to opposition from several member states. The original proposal by the European Commission defined rape as sex without consent, but countries including France argued that criminal law falls under national competence and should remain the responsibility of individual states.
The European Commission must now decide whether to propose legislation, which would then require approval by all EU member states—a politically difficult step. The debate echoes broader tensions between EU-level harmonisation and national sovereignty, a theme that has also surfaced in other areas such as debates over Germany's economic role and the bloc's response to external crises.
If adopted, the new definition would bring the EU closer to the standards of the Istanbul Convention, which already requires parties to criminalise non-consensual sexual acts. The resolution’s passage marks a significant step in the ongoing effort to address violence against women across Europe, but the real test lies in the willingness of member states to cede authority on criminal law.
