MEPs have urged the European Commission to propose EU-wide legislation defining rape on the basis of the absence of freely given, informed and revocable consent.
Parliament adopted a report on Tuesday by 447 votes to 160, with 43 abstentions, calling on EU member states that still use force- or violence-based definitions of rape to align their laws with international standards including the Istanbul Convention, which the EU ratified in 2023, the parliamentary press service informed.
Silence, a lack of resistance, the absence of a “no”, previous consent, past sexual conduct, or a current or previous relationship must not be interpreted as consent.
MEPs said consent should be assessed in context, including cases involving violence or threats, abuse of power, fear or intimidation, and situations where a person is unconscious, intoxicated, drugged, asleep, ill, disabled or otherwise vulnerable.
Calls for support services and mandatory training
The report calls for a victim-centred approach including immediate medical care, psychological support and legal assistance, as well as free specialist support services such as 24-hour crisis centres providing medical, psychological and legal support, the Parliament said.
It also calls for regular mandatory training for professionals likely to come into contact with survivors, including police, judges, prosecutors, lawyers, healthcare professionals and frontline workers.
Guidelines in 2026 on comprehensive sexuality and relationship education were requested, alongside EU-wide awareness campaigns on consent and relationships and action against rape myths and incel propaganda online.
“It is both morally and legally unacceptable that women are not protected by ‘only yes means yes’ legislation across the EU,” said Evin Incir, the Parliament’s rapporteur in the Civil Liberties Committee.
“One in three women in the EU has experienced gender-based violence. One in twenty has been raped,” said Joanna Scheuring-Wielgus, the Women’s Rights Committee rapporteur.
