Time to agree a Europe-wide legal definition for rape, MEPs say
· EUobserverFrequently, laws place the burden on those who have been raped to prove that they – most often women – are victims. This must change, and there is a clear route to achieve this (Photo: Iga Lubczanska)
Time to agree a Europe-wide legal definition for rape, MEPs say
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By Petra Pavlovičová,
Brussels
,
The European Parliament on Tuesday (28 April) urged the EU Commission to come forward with an bloc-wide legal definition of rape based on content.
The move comes as different member states define ‘rape’ differently in their criminal codes, relying on the proof of physical violence, force, or threats — rather than the absence of consent — and promoting different levels of protection among victims across Europe.
France is the exception, where different rulings were made raging from three to 20 years sentences in the Pelicot case, in which 50 men were found guilty of sexually assaulting or raping Gisèle Pelicot while she was unconscious due to her then husband drugging her.
On the other hand, last year in Belgium, Leuven correctional court ruled on a rape case finding the perpetrator, a medical student, guilty but imposed no punishment, citing his promising future.
“Nearly one-in-five women in the EU have experienced sexual violence, including rape and other unwanted sexual acts. [This] is not just a number, this is a call for action. […] most rapes are not committed by strangers in dark streets, they are committed by someone the victims knows very well,” said the EU equality commissioner for Equality Hadja Lahbib.
Tuesday’s report was backed by 447 MEP in favour, 160 against, and 43 abstentions.
“If we want to talk about common European justice, the definition of rape can’t change when someone crosses a border,” Polish socialist MEP Joanna Scheruring-Wielgus, lead lawmaker on this file, told EUobserver.
“Different definitions make work between police and courts more difficult. It makes it harder to protect victims. A common standard is not only about rules. It is about [the] country’s ability to protect people in an effective way,” she also said.
The adopted report calls for a legislative proposal to create an EU-wide definition based on the requirement of freely given, informed consent that can be withdrawn, in line with Article 36 of the Istanbul Convention which is a human rights treaty of the Council of Europe opposing violence against women and domestic violence.
All EU member states have signed the Istanbul Convention. But Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania, and Slovakia have not yet ratified the treaty.
“Today, we are asking if the system really works,” said Scheruring-Wielgus, arguing that only one in seven victims reports to the police because many think their stories will be put into question.
“[But] if those who committed the crime are not punished, then we have a serious problem. That is why we need laws that help victims get justice, not laws that make it harder,” she said.
The biggest EU survey on violence against women, from 2024, showed that there is a notable reporting gap across the EU the Nordic countries led by Sweden are between the five countries with the highest rate of reported sexual violence in Europe in 2023 with around 200 cases reported per 100,000 inhabitants.
Within the EU, the country with the least cases reported is Hungary with less than six reports per 100,000 inhabitants.
“If someone takes your money without consent, it is theft. If someone grabs your bag without consent, it is a crime. If someone enters your home uninvited and takes what is yours, it is clearly illegal. In all these cases, the law is simple. Without consent, there is a violation. So why does this clarity disappear when it comes to a person’s body,” asked Evin Incir MEP from the Socialists & Democrats as the rapporteur who led the file.
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Frequently, laws place the burden on those who have been raped to prove that they – most often women – are victims. This must change, and there is a clear route to achieve this (Photo: Iga Lubczanska)
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Petra Pavlovičová is a reporter at EUobserver. She studied Political Sciences and Journalism in Brussels. She worked and gathered experience in Belgian daily press Le Soir, Slovak redaction of Dennik SME and in the Investigative Center of Jan Kuciak in Bratislava.