The European Parliament has backed a push to redefine rape across the EU around explicit consent, despite a controversial Spanish law that led to reduced sentences and early releases for offenders.
In a vote on Tuesday, MEPs supported a report calling for a common definition of rape based on the absence of consent. While not legally binding, it signals the direction Brussels wants member states to take: towards what is widely known as an “only yes means yes” model.
The vote was decisive—447 in favour, 160 against, and 43 abstentions—and drew support from a broad coalition.
Under the approach, the focus shifts away from violence or coercion and onto whether consent was clearly given. Silence, lack of resistance, or even a prior relationship would no longer carry legal weight in court.
Several EU countries—including France, Finland, Luxembourg, and the Netherlands—have already moved in this direction. The Parliament is now urging the Commission to push for greater alignment across the bloc, building on frameworks such as the Istanbul Convention.
But the Spanish case looms over the debate.
Madrid’s 2022 reform, built on the same principle, had immediate consequences. More than 1,000 offenders saw reduced sentences, and over 200 were released early—an outcome legal experts had warned was likely.
The issue lay not only in the definition of the crime, but in how sentencing rules were rewritten alongside it, triggering retroactive reviews.
That experience raises questions that receive less attention in Brussels. At EU level, the emphasis is on protection and intent, with less focus on how courts apply such laws in practice or how existing sentences may be affected.
Legally, criminal law remains in national hands, and the report does not create a European offence. But politically, the message is clear: the Parliament wants the Commission to bring national systems closer together.
Defining crimes—and how they are prosecuted—has long been a core function of national governments. Moving towards a shared standard, even gradually, reduces that margin of control.
Supporters argue the case is straightforward. According to EU data, one in three women has experienced gender-based violence, and one in twenty has been raped. Aligning legal definitions, they say, would ensure equal protection across the bloc.
But Spain’s experience highlights the importance of legal design. Shifting the focus to consent changes how evidence is assessed, how cases are built, and how past convictions are reviewed.
The vote also exposed political fault lines. While most major groups backed the report, criticism emerged from some national delegations.
In Spain, VOX argued that the Parliament had endorsed a model already tested with controversial results, pointing to sentence reductions and early releases. It also highlighted divisions within the Spanish People’s Party, where some MEPs chose not to vote. An alternative proposal focused on stricter enforcement and border measures failed.
The direction of travel in Brussels is clear. Consent-based legislation is gaining ground. But Spain has already shown how quickly such changes can produce unintended results.
