{"id":451641,"date":"2026-04-28T17:40:11","date_gmt":"2026-04-28T15:40:11","guid":{"rendered":"https:\/\/www.eunews.it\/2026\/04\/28\/solo-si-e-si-il-parlamento-ue-approva-la-risoluzione-per-una-legge-comune-sullo-stupro\/"},"modified":"2026-04-28T18:39:16","modified_gmt":"2026-04-28T16:39:16","slug":"only-yes-means-yes-the-european-parliament-approves-a-resolution-calling-for-a-common-law-on-rape","status":"publish","type":"post","link":"https:\/\/www.eunews.it\/en\/2026\/04\/28\/only-yes-means-yes-the-european-parliament-approves-a-resolution-calling-for-a-common-law-on-rape\/","title":{"rendered":"“Only ‘yes’ means ‘yes'”: the European Parliament approves a resolution calling for a common law on rape"},"content":{"rendered":"

From our correspondent in Strasbourg<\/em> – A legislative proposal establishing a definition of the offence of rape common to the entire European Union and based on
\nfreely given, informed, and revocable consent<\/strong>: This is the request made to the European Commission in a resolution<\/a> approved today (28 April) by the European Parliament<\/strong> during the current plenary session in Strasbourg. The text, which had already been adopted by the LIBE (Civil Liberties) and FEMM (Women\u2019s Rights and Gender Equality) committees<\/b><\/a> on 25 February, received final approval from the plenary with 447 votes in favour, 160 against, and 43 abstentions<\/b>. The ball is now in the EU Commission\u2019s court, which must decide whether to act on the European Parliament\u2019s non-binding call.<\/p>\n

A new principle for a new law: “only yes means yes”<\/strong><\/h4>\n

\n

In most EU Member States, the law stipulates that the offence of rape is committed only in cases where there is evidence of threats or physical violence suffered by the victim<\/strong>. What the resolution proposes, however, is to introduce legislation, applicable to all Member States, that uses a criterion capable of covering a wider range of cases of sexual violence<\/strong>: that of the absence of explicit, free, informed, and revocable consent at any time<\/strong>. Adopting this principle\u2014which feminist movements have rebranded as the \u201conly yes means yes\u201d formula<\/b>\u2014would extend the scope of prosecutable cases to include all situations where there is no evidence of physical violence, but where the absence of valid consent is evident. This concept was explained by the Polish MEP and co-rapporteur of the text, Joanna Scheuring-Wielgus<\/strong> (S&D), who stated that “women who are victims of rape do not always scream, because they may have other types of reaction such as freezing, submission, or fainting<\/strong>.” \u201cThe principle we want to establish,\u201d she concluded, \u201cis that none of these behaviours can be considered a form of consent.\u201d <\/p>\n

<\/p>\n

The other signatory to the motion is the Swedish MEP Evin Incir<\/strong> (S&D), who emphasised that the principle of the absence of consent is applied in many other areas of criminal law<\/strong>. \u201cIf someone takes your money without consent,\u201d she stated during the debate in the chamber, \u201cit is clearly an unlawful act, just as if someone enters your home without authorisation and takes something.\u201d \u201cIn these and other cases, the law is simple and clear: without consent, we are dealing with a violation. So why is this clarity lacking when it comes to a person\u2019s body?\u201d, she concluded, before reiterating the need to remedy \u201cwhat is not merely a legal vacuum, but a genuine moral failure\u201d by following the example \u201cof the laws adopted since 2023 in France<\/a>, Finland<\/a>,Luxembourg, and the Netherlands<\/a>.”<\/span> <\/p>\n

<\/p>\n

The Scandinavian MEP also responded to the objection that there is no legal basis authorising the Commission to legislate in this area<\/strong>. \u201cThe Istanbul Convention on preventing and combating violence against women<\/strong><\/a>,<\/b> <\/b><\/a>which the EU ratified in 2023, requires parties to define rape on the basis of the absence of freely given consent<\/strong>,\u201d explained Incir, \u201cand
\nArticle 83(1) of the Treaty on the Functioning of the European Union<\/a><\/p>\n

(TFEU, ed.) gives the Commission the authority to act against sexual exploitation: if rape is not exploitation, what is it?\u201d <\/p>\n

<\/p>\n

While the legal hurdle appears surmountable, it remains to be seen what stance the Berlaymont building<\/strong> will take on Parliament\u2019s request. In light of the comments made during yesterday\u2019s debate by the Commissioner for Equality, Hadja Lahbib<\/strong>, the intention appears to be to heed the call. \u201cThe message you have sent with this resolution is clear,\u201d she said, addressing MEPs, \u201cand the Commission stands with you on this<\/strong>.\u201d To this end, the Belgian politician announced the launch of \u201can in-depth mapping exercise to identify future legislative actions<\/strong> so that sex without consent is defined as rape throughout the EU.\u201d<\/p>\n