European Parliament calls for EU-wide consent-based definition of rape
The European Parliament adopted a landmark report on 29 April 2026 calling on the European Commission to bring forward EU-wide legislation establishing a common definition of rape based on the absence of freely given, informed and revocable consent. The vote represents a renewed push by MEPs after a consent-based definition was dropped from the EU directive on violence against women in 2024, when several member states challenged the bloc’s legal competence to legislate on rape.
Why a consent-based definition matters
Most sexual violence happens at home, between people who know each other, and most victims do not fight back. A law built around force and resistance leaves those cases in a legal grey area. The report adopted by the Parliament makes significant advances by stressing that the freeze and fawn responses must be reflected in law and judicial practice. It establishes that consent can be withdrawn at any moment and calls for non-consensual sexual acts in digital and virtual environments to be legally recognised.
The legal competence question
The 2024 negotiations on the violence against women directive exposed deep divisions among member states about whether the European Union has the legal authority to legislate on rape. Some governments, particularly Germany and France, argued that criminal law on rape falls within national competence. Others, supported by the Commission’s legal services, contended that gender-based violence can be addressed under the EU’s powers to combat serious cross-border crime. The current report attempts to break this deadlock by reframing the question and citing technological developments such as digital sexual violence as new grounds for EU action.
What happens next
The Commission is now formally requested to table legislation. While the timing remains uncertain, the political pressure from Parliament has been steadily building, and the issue cuts across political groups. Women’s rights organisations have welcomed the vote as essential to closing protection gaps that currently leave many victims without recourse. The path forward will require building consensus among member states reluctant to cede sovereignty over criminal law, while answering the substantive arguments about what justice for victims of sexual violence actually requires.
