European parliament urges EU to draw up standardised consent-based definition of rape

Lead

The European Parliament on Tuesday approved a resolution urging the European Union to adopt a standardized, consent-based definition of rape, a move that lawmakers say would close gaps in existing national laws and ensure consistent protection for victims across the bloc. The resolution passed with 447 votes in favor, 160 against, and 43 abstentions, drawing applause in the Strasbourg chamber, according to reports from The Guardian and RFI.

Coverage Comparison

The vote, which took place on 28 April 2026, was covered by several outlets, including Deutsche Welle, The Guardian, and RFI. While all sources agree on the core outcome — the passage of the resolution — their emphases vary. Deutsche Welle framed the vote within the broader context of EU measures to combat violence against women, highlighting existing legislation such as the Istanbul Convention and a 2024 directive on workplace harassment. The Guardian focused on the political implications, quoting MEPs who argued that a common definition is essential to prevent legal disparities that allow perpetrators to evade justice by crossing borders. RFI noted that this is the second time the Parliament has adopted such a proposal, with the previous attempt blocked in the Council by France, Germany, and Hungary.

Key Claims

• The resolution calls for rape to be defined based on the absence of freely given, informed consent, and states that "only a clear, affirmative, freely given and unambiguous indication of consent is valid." It also specifies that silence, lack of resistance, or prior consent does not imply consent. (Sources: The Guardian, RFI)
• The text urges the European Commission to draw up legislation that would align the criminal codes of all 27 member states, including those that currently require proof of force or physical resistance. (Sources: The Guardian, Deutsche Welle)
• According to the European Council, about half of all women in the EU have experienced sexual harassment since age 15, and one in ten have experienced sexual violence, with one in twenty having been raped. (Source: Deutsche Welle, citing European Council data)
• Only 0.5% of rapes in Europe lead to a conviction, a statistic reported by a single outlet and not yet independently verified by other sources in this coverage.

Perspectives

The resolution has the backing of a cross-party group of MEPs, prominently including Evin Incir (Swedish Social Democrat) and Joanna Scheuring-Wielgus (Polish MEP). Incir told Deutsche Welle that the goal is to ensure that "only 'yes' means yes" and that the decisive factor is the absence of consent, not whether a victim physically resisted. Scheuring-Wielgus told The Guardian: "We can't have the meaning of rape change as we cross from one border to another."

However, the path to legislation remains uncertain. The European Commission must now decide whether to act on the Parliament's request. In 2023, a similar proposal was blocked in the Council, with opposition from France, Germany, and Hungary. Opponents have historically argued that criminal law is a national competence and that a common definition could interfere with national legal traditions. As The Guardian notes, whether the Commission will put forward a proposal remains to be seen, given that the previous attempt failed.

Context

This resolution is part of a broader EU effort to address violence against women. The EU acceded to the Istanbul Convention in 2023 and adopted a directive in 2024 criminalizing workplace harassment and certain forms of digital violence. The new Gender Equality Strategy also targets cyberviolence and deepfakes. The Parliament's vote adds to these measures by aiming to harmonize definitions of rape, a move that supporters argue is long overdue given the inconsistency in national laws.