On Tuesday, the European Parliament adopted a resolution calling for a unified definition of rape across the European Union, stating that any sexual act without consent should be considered rape.
The resolution urges that only a “clear, affirmative, freely given and unambiguous” expression of consent can be considered valid in sexual relations. It stresses that silence, lack of resistance, or the absence of a refusal must not be interpreted as consent. It also underlines that prior relationships, past consent, or even marriage do not imply automatic agreement.
The proposal now places pressure on the European Commission to draft legislation, which would then require approval from EU member states—a process likely to prove politically sensitive, as criminal law remains largely a national competence.
According to the European Parliament Research Service, lack of consent is already a defining element of rape in 17 of the EU’s 27 member states. However, several countries still rely on force-based definitions, requiring proof of violence or threats. Legal frameworks in states such as Estonia, Latvia and Romania differ significantly, while others retain more ambiguous provisions.
The motion was approved by 447 votes in favour, with 160 against and 43 abstentions.
