Changes from plenary report to adopted text

RemovedEXPLANATORY STATEMENT

RemovedThe Council of Europe’s Convention on Preventing and Combating Violence Against Women and Domestic Violence, known as the Istanbul Convention, is the most comprehensive international treaty addressing gender-based violence. It defines rape as any sexual act committed without the victim’s freely given consent, establishing the absence of consent as the core legal standard. The Convention is legally binding and requires all signatory states to criminalise all non-consensual sexual acts as violations of a person’s bodily integrity and sexual autonomy, not as crimes against morality, family honour or public decency.

RemovedAll EU Member States have signed the Istanbul Convention, and the European Union acceded to the Convention in 2023, in areas where it holds exclusive competence. This marks a vital step in the EU’s commitment to adhering to international human right standards regarding gender-based violence, including centring the absence of consent in legal definitions of rape. However, the absence of a harmonised, consent-based definition of rape leads to stark disparities in protection for survivors across the EU and undermines access to justice and the effective prosecution of sexual violence.

RemovedReforming rape laws to centre on consent is essential. It sends a strong message about the kind of society we strive for – one that is free from rape and where everyone’s sexual autonomy and bodily integrity are respected, protected and valued. While legal reform alone cannot end sexual violence, it is a crucial first step toward challenging harmful attitudes, ensuring justice for survivors, and holding perpetrators accountable. It also serves a crucial preventive function by reshaping societal norms, fostering a culture of mutual respect, and clearly signalling that sexual violence will not be tolerated.

RemovedImportantly, most rapes are not committed by strangers in dark alleys, but often by a friend or partner, and they do not always involve physical violence or visible resistance. Most victims experience what is known as the ‘freeze response’, a common survival reaction to trauma in which the body becomes immobilised. This involuntary reaction can prevent the victim from physically fighting back or saying no. Scientific research and trauma-informed approaches confirm that freezing is a natural response to fear and threat, and the absence of resistance does not equal consent.

RemovedSexual violence and rape are not only serious crimes under national law, but also a violation of international human rights law. It infringes upon multiple fundamental rights, including the right to dignity, physical and mental integrity, liberty and personal security, freedom from discrimination and protection from torture or inhuman and degrading treatment.

RemovedUnder international law, rape is recognised as a war crime, a crime against humanity and in certain cases, an act of genocide, provided other requisite elements of these crimes are present. The International Criminal Court (ICC) includes lack of consent as a key element in its legal definition of rape, reflecting global consensus on this standard. Hence, sexual violence is criminalised in both war and peacetime, underscoring the severity of the crime.

RemovedThe European Court of Human Rights (ECtHR) has affirmed in its case law that absence of physical resistance does not imply consent. State Parties to the European Convention on Human Rights (ECHR) have a positive obligation to criminalise and effectively prosecute all non-consensual sexual acts, including in the absence of physical resistance. The Court has also stressed that victim-blaming and the use of harmful gender stereotypes in legal proceedings violate victims’ rights and obstruct access to justice.

RemovedThe European Parliament has consistently supported a strong and survivor-centred legal framework on gender-based violence. During the negotiations on the Directive on combating violence against women and domestic violence, the European Parliament called for the explicit inclusion of rape based on lack of consent, as originally proposed by the European Commission. There is a clear legal basis under Article 83(1) of the Treaty on the Functioning of the EU (TFEU), which allows the EU to legislate on particularly serious crimes with a cross-border dimension, including sexual exploitation of women and children. Instruments such as the Victims’ Rights Directive and the Anti-Trafficking Directive establish important protections for victims of violence, yet they do not clearly define rape in line with the Istanbul Convention. Thus, incorporating consent-based definitions fills this gap and strengthens the coherence and effectiveness of EU law in protecting victims.

RemovedHowever, to create long-lasting change and a legal and cultural environment where sexual violence is no longer tolerated, it is not enough to reform legislation. Concerted efforts to challenge widespread harmful rape myths and gender stereotypes shall accompany changes in law. Comprehensive sexuality education must also be provided to promote healthy relationships, mutual respect, and a clear understanding of consent from an early age.

RemovedJustice professionals – including police officers, lawyers, prosecutors, and judges – must be trained in trauma-informed approaches, the psychological impact of rape, and the legal significance of consent, to ensure fair and respectful treatment of survivors, avoid secondary victimisation and ensure meaningful access to justice. When the law reflects the lived realities of survivors and guarantees effective prosecution, it strengthens trust in the justice system, empowers victims to come forward and regain their sense of agency, and contributes to ending the impunity for sexual violence in Europe.