The resolution, adopted with 447 votes in favour, 160 against and 43 abstentions, urges the European Commission to propose legislation establishing a common definition of rape based on freely given, informed and revocable consent.
Lawmakers said only a clear, affirmative and unambiguous indication of consent should be considered valid in sexual relations, stressing that silence, a lack of verbal or physical resistance, or the absence of a “no” cannot be interpreted as consent.
Parliament further stated that prior consent, past sexual conduct, or any current or previous relationship, including marriage, must not automatically be interpreted as consent. MEPs also argued that consent should be assessed within context, including situations involving violence, threats, intimidation, unconsciousness, intoxication, abuse of power, disability or vulnerability.
Tuesday’s vote marks the latest development in a years-long debate within the EU over whether rape laws should be harmonised across member states. In 2024, a proposed consent-based definition was excluded from the EU’s directive on combating violence against women after several countries argued that criminal-law definitions of rape fall under national jurisdiction rather than EU competence.
That directive nonetheless introduced bloc-wide measures addressing female genital mutilation, forced marriage, non-consensual sharing of intimate images and cyberbullying.
Definitions of rape currently vary significantly across the EU. Some countries rely primarily on evidence of force or violence, while others have adopted laws centred on the presence or absence of consent.
The resolution also recognised psychological responses to assault, including “freeze” and “fawn” reactions, stating that such behaviour should not be interpreted as consent. Lawmakers additionally stressed that consent can be withdrawn at any stage during a sexual act.
MEPs repeatedly referenced the widely publicised French case involving Gisèle Pelicot, whose former husband, Dominique Pelicot, was convicted in 2024 after years of drugging her and facilitating her rape by dozens of men while she was unconscious. The case drew international attention and intensified calls for consent-based rape laws across Europe.
Women’s Rights Committee rapporteur Joanna Scheuring-Wielgus of Poland said the issue remained widespread across the bloc.
“One in three women in the EU has experienced gender-based violence. One in twenty has been raped,” she said during parliamentary debate.
Her co-rapporteur, Evin Incir of Sweden, said it was unacceptable that women in parts of the EU still lacked protection under consent-based rape laws.
Supporters of the resolution noted that several EU countries, including France, Finland, Luxembourg and the Netherlands, have recently adopted consent-based rape legislation. Spain introduced its “Only Yes Means Yes” law in 2022 following a high-profile gang rape case that sparked nationwide protests.
Despite the large parliamentary majority, the resolution is not legally binding. Any future legislation proposed by the European Commission would still require approval from EU member states, where divisions over national sovereignty and criminal-law authority remain significant.
The Parliament also called for 24-hour crisis centres across the EU, longer statutes of limitations for rape offences, and mandatory training for police officers, judges, prosecutors, lawyers and healthcare professionals handling sexual violence cases.
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