The European Parliament on Tuesday approved a resolution calling for an EU-wide definition of rape based on the absence of freely given and informed consent.
It is now up to the European Commission to propose legislation, which would then need to be approved by EU member states, usually a political and difficult step.
The resolution urges 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 outside this framework should be considered rape.
It also stresses that prior consent, past sexual relations, or any relationship with the perpetrator — including marriage — does not imply automatic consent.
This call reflects the “only yes means yes” principle adopted by Spain, approved in 2022 following a brutal gang rape.
Lack of consent is already a defining element of rape or sexual assault in 17 out of 27 member states, according to the European Parliament Research Service.
The definition backed by the European Parliament is also in line with the Istanbul Convention, which has been ratified by 22 EU countries.
However, legislation in several member states still relies on a force-based definition of rape, requiring victims to prove violence or threats. In Estonia, 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.
In Romania, the law focuses on the victim’s inability to express consent.
Meanwhile, legislation in Italy, Slovakia, Hungary and Bulgaria is vague, retaining elements of a force-based approach, according to an expert group set up by the Council of Europe.
Such definitions often require interpretation by courts in terms of 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.
Supporters of the resolution argue that recent cases have exposed the limits of force-based definitions. Speaking to Euronews, Abir Al-Sahlani pointed to cases in France involving drugging and online abuse as evidence of evolving forms of sexual violence.
The resolution was adopted by a large majority, with 447 votes in favour, 160 against and 43 abstentions.
The definition of rape remains a key gap in EU legislation on violence against women, after it was excluded from a directive adopted in 2024 — a move that triggered criticism and protests.
The original proposal by the European Commission defined rape as sex without consent, but several member states opposed the provision.
Some, including France, argued that criminal law falls under 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 since the age of 15.