European Parliament votes for a unified definition of rape based on consent

On Tuesday, the European Parliament passed a resolution with 447 votes in favor, 160 against, and 43 abstentions, calling for a unified EU-wide definition of rape based on the absence of free and informed consent. The legislative body urged the European Commission to propose a new directive ensuring that any sexual act occurring without clear, affirmative consent is classified as rape. The resolution emphasizes that silence, lack of resistance, previous sexual history, or existing relationships cannot be interpreted as consent. Lawmakers also highlighted that the assessment of consent must account for factors such as intimidation, power imbalances, fear, substance use, or sleep. The report acknowledges that victim responses, such as 'freezing' or passive resignation, should be recognized in judicial practices. Currently, consent-based definitions of rape exist in 17 of the 27 EU member states, according to the European Parliamentary Research Service. The resolution also advocates for the inclusion of gender-based violence in the list of EU-wide criminal offenses. Member states must eventually approve any future legislation proposed by the Commission, a process that is expected to be politically challenging.