Define rape based on consent across Europe

The EPP Group calls for a legally robust, EU-wide definition of rape, based on freely given and revocable consent, following today’s vote in Parliament’s joint committees on Civil Liberties, Justice and Home Affairs and on Women’s Rights.

The report voted on today urges the European Commission to propose legislation that ensures an EU-wide definition guaranteeing equal protection for women in all Member States.

“As the EPP, we stand firmly on the side of women and their right to sexual self-determination. The absence of resistance can never be interpreted as consent,” said Verena Mertens MEP, the EPP negotiator in the Civil Liberties Committee.

She stressed that “from a law enforcement and rule-of-law perspective, we need a legally sound, practical and EU-wide, comparable definition of rape based on freely given and revocable consent, so that crimes are effectively prosecuted, and perpetrators are held accountable.” 

Mertens underlined that experience in several Member States shows that consent-based legislation works: it empowers victims, increases reporting and reinforces legal protection for women’s dignity and freedom.

Today, national definitions of rape still differ significantly across the EU, and in many countries, proof of violence or threat remains required. This creates legal uncertainty and unequal protection for victims.

Arba Kokalari MEP, the EPP negotiator in the Women’s Rights Committee, emphasised that the time is ripe to act. “It is time for an EU-wide definition of rape based on consent. It is an important piece for combating sexual violence against women,” she said. She also pointed to growing momentum in Member States to reform national laws. 

During negotiations, the EPP Group focused on a legally sound and workable text aligned with international standards and case law, while strengthening references to victim support and trauma-informed approaches, acknowledging that the lack of physical resistance can never be interpreted as consent.

For the EPP Group, closing the gaps in national legislation is necessary to guarantee effective prosecution, legal certainty and equal protection for women across the European Union.