On Tuesday 23 September, the European Parliament’s Committees on Women’s Rights (FEMM) and Civil Liberties (LIBE) examined the 386 amendments tabled to the draft own-initiative report calling for a European definition of rape that includes the notion of consent. The text, put forward by Social Democrat MEPs Evin Incir (S&D, Swedish) and Joanna Scheuring-Wielgus (S&D, Polish), reopens a debate that was interrupted when the European directive on violence against women was adopted in 2024 (see EUROPE 13351/23, 13344/24), due to a lack of agreement in the EU Council.
A reading of the amendments shows that the S&D, Renew Europe, Greens/EFA and The Left groups are calling for a harmonised European definition of rape based on consent, in line with the Istanbul Convention (see EUROPE 13262/20), while the EPP, which expresses support in principle, recalls the importance, according to the elected representatives, of respecting subsidiarity and legal feasibility.
Co-rapporteur Joanna Scheuring-Wielgus, who also spoke on behalf of Evin Incir, referred to the example of Poland, which adopted an amendment to the Penal Code in June 2024, and called for this “new momentum” created by the debates in France to be used to move the debate forward.
Ana Miguel Pedro (EPP, Portuguese) welcomed “a clear definition of rape based on consent” but called for a text that was “coherent, pragmatic and respects subsidiarity”.
She supported the amendments that legally clarify the notion of consent in order to avoid “misinterpretations” in the case of traumatic reactions, such as shock.
Her colleague Eleonora Meleti (EPP, Greek) spoke of the need for “training for all professionals who come into contact with rape victims”.
Valérie Devaux (Renew Europe, French) called for legislation that “insists on equal rights” and “respects the rights of victims”, sharing the opinion of her colleague Abir Al-Sahlani (Renew Europe, Swedish). Their amendments also call for better access to support services and simplified complaints procedures.
For their part, the Patriots for Europe (PfE) and Europe of Sovereign Nations (ESN) groups contest the EU’s competence and are in favour of deleting these references.
On the far right of the Chamber, Julie Rechagneux (PfE, French) argued that “rape is first and foremost a matter for national criminal law”.
At the end of the discussions, Joanna Scheuring-Wielgus gave a factual reminder of the scale of the issue, stating that “one in three women in the EU has experienced gender-based violence” and that “one in twenty women has been a victim of rape”.
According to the latest survey conducted by the EU’s Fundamental Rights Agency, Eurostat, and the European Institute for Gender Equality (see EUROPE 13537/21), around one in three women has actually experienced physical and/or sexual violence since the age of 15, while 3.8% say they have been raped (i.e. almost one in twenty-six).
For the Polish MEP, we must “act on the basis of facts”, referring to Spain and Sweden, where the introduction of a definition based on consent has consolidated confidence in the justice system.
To see the amendments: https://aeur.eu/f/iky (Original version in French by Nithya Paquiry)