European Parliament Pushes for EU-Wide Consent Law on Rape

The European Parliament has overwhelmingly backed a call for a common definition of rape across the European Union, saying any sexual act without freely given and informed consent should be considered rape.

MEPs approved the resolution in Strasbourg on Tuesday by 447 votes to 160, with 43 abstentions, renewing pressure on the European Commission to table fresh legislation after similar plans were dropped from the EU’s 2024 directive on violence against women.

The resolution states that only a “clear, affirmative, freely given and unambiguous indication of consent” should be recognised. Silence, lack of resistance or the absence of a verbal “no” should never be interpreted as consent, lawmakers said. Previous consent, past sexual relations or marriage should also not imply automatic agreement.

Parliament is urging countries that still rely on force-based definitions of rape to reform their laws and align them with international standards such as the Istanbul Convention. In several EU states, victims may still need to prove violence, threats or coercion rather than simply the absence of consent.

Malta has already adopted legislation that places consent at the centre of rape law. According to the European Institute for Gender Equality, Maltese law defines rape as non-consensual penetration, with consent needing to be given voluntarily as the result of a person’s free will and assessed within the surrounding circumstances.

That means Malta is already broadly in line with the direction now being advocated by the European Parliament. Legal reforms introduced in recent years shifted Maltese law away from older force-based concepts and towards sexual autonomy and consent.

MEPs also called for a more victim-centred approach across Europe, including immediate medical care, trauma support, legal assistance and 24-hour crisis centres. They want compulsory training for police, judges, prosecutors, healthcare workers and other frontline professionals who may deal with survivors.

According to the EU Agency for Fundamental Rights, around 5% of women in the EU have experienced rape since the age of 15. Parliament says inconsistent legal definitions across the bloc continue to create unequal protections depending on where victims live.

Overall, 4.2 % of women in Malta stated that they have experienced sexual violence during childhood, specifically by a male perpetrator.