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EU Parliament: asking for a law establishing a common definition of rape based on freely given, informed and revocable consent

In a report adopted on Tuesday with 447 votes for, 160 against, and 43 abstentions, MEPs call on member states that still rely on force- or violence-based definitions of rape to align their laws with international standards (including the Istanbul Convention, ratified by the EU in 2023). They also demand “adequate support and protection for victims and survivors across the EU.” Parliament points out that “silence, lack of resistance, the absence of a “no”, previous consent, past sexual conduct, or any current or previous relationship must not be interpreted as consent”. MEPs state that “consent must be assessed in context, including in cases involving violence, threats, the abuse of power, fear, intimidation, unconsciousness, intoxication, chemical submission, sleep, illness, disability or vulnerability”. They claim that “trauma responses (such as the “freeze” or the “fawn” responses) must be reflected in legislation and judicial practice”. They also reiterate their demand for gender-based violence to be added to the charges considered as EU crimes. According to Parliament, “only consent-based rape legislation can ensure access to justice”. MEPs demand a victim-centred approach, including the provision of immediate medical care, sexual and reproductive healthcare, “safe and legal abortion”, trauma care, psychological support, and legal assistance. Parliament demands mandatory training for professionals likely to come into contact with rape victims.

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