A cross‑party initiative in the European Parliament pushed the European Commission to pursue a harmonised, consent‑based definition of rape across the Union. Initiator Swedish MEP Evin Incir argued the decisive element should be the absence of consent, so that people do not have to show they fought back or produced physical injuries to prove they were violated. The proposal calls for EU rules that make sexual offences hinge on voluntary, explicit consent, align with international standards, and strengthen victim support — including access to justice, specialised services and healthcare.
On 28 April 2026 the European Parliament approved the initiative by 447 votes to 160.
EU member states currently use different legal approaches to sexual violence. Broadly, definitions fall into three models:
– Force‑based laws, which require the use or threat of physical force for an offence to count as rape.
– “No means no” models, where rape is defined by a recognisable refusal by the victim; countries using variants of this approach include Germany, Austria and Poland.
– “Only yes means yes” models, where any sexual act without explicit, voluntary consent is an offence. Sweden pioneered this approach in 2018; it is also in force in Belgium, Denmark, Croatia, Greece, Spain and the Netherlands. France adopted a consent‑based model in November 2025 after the high‑profile Gisele Pelicot case, and the Czech Republic has been debating similar reforms.
Prosecution and conviction rates for rape across Europe remain very low. Many crimes go unreported, trials often hinge on conflicting testimony, and clear evidence can be difficult to establish; some estimates put conviction rates at a low single‑digit percentage of actual offences. Sweden’s experience after introducing an explicit consent standard and a related offence of “grossly negligent rape” — which allows conviction if a perpetrator failed to ensure their partner’s voluntary participation — shows convictions can rise, though proving individual cases in court still presents challenges. Human rights groups such as Amnesty International have welcomed the shift to consent‑based law as a significant legal and social step, while stressing the continued need to improve investigation, support and access to justice.
A similar Europe‑wide proposal failed in 2024 amid legal concerns from some capitals, notably France and Germany, about whether the EU has competence to harmonise criminal law on rape — an area traditionally seen as core national sovereignty and not explicitly listed in EU treaties as a cross‑border crime. Positions have since shifted: France changed its stance and Italy is developing corresponding national legislation, contributing to renewed momentum for an EU‑level consent standard.
This article was originally published in German.”}