The European Parliament is set to vote on a proposal to establish a unified criminal definition of rape across the European Union, aiming to replace the current patchwork of legal standards among member states.
For Maria Noichl, the principle is clear: rape should not be defined solely by the presence of a “No,” but by the absence of clear consent.
“Only ‘Yes’ means ‘Yes’,” she emphasized, reflecting the core idea behind the initiative.
The proposal urges the European Commission to draft binding legislation that would standardize how rape is defined and prosecuted across the EU. A similar effort failed about three years ago, but supporters argue that recent cases—such as that involving Gisèle Pelicot—have reignited urgency around the issue.
Uneven Legal Standards Across Europe
Several EU countries have already adopted consent-based laws. Sweden was a pioneer in 2018, followed by countries like Italy, Greece, Denmark, Belgium, and more recently France.
Supporters argue that harmonizing standards would strengthen victim protection regardless of where someone lives in Europe. Verena Mertens stressed the need for balance—ensuring stronger protections without making criminal law too vague or difficult to enforce.
Criticism and Concerns
Opponents warn that defining consent strictly could complicate legal proceedings, especially in cases relying on conflicting testimonies. The political group Patriots for Europe—which includes parties like National Rally of Marine Le Pen and Fidesz of Viktor Orbán—has indicated it will not support the proposal.
Marieke Ehlers argued that while consent is essential, turning it into a rigid legal requirement risks creating confusion even for legal experts.
A Broader Signal
Despite disagreements, proponents believe the initiative sends a strong societal message: that victims across Europe deserve equal protection and that consent must be central in defining sexual violence.
