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Only Yes means Yes! On the Day for Elimination of Violence Against Women, the S&Ds call for the EU consent-based rape law

Date

25 Nov 2024

Sections

InfoSociety

Women in the EU face a scourge of sexual and gender-based violence*. On the International Day for the Elimination of Violence Against Women, the Socialists and Democrats once again call for strong legal instruments and preventive measures to protect women.

  • We need a consent-based rape legislation at EU level to make sure that women have the same rights and protection across all member states. Only YES means YES. 
  • Gender-based violence needs to be enshrined as an EU Crime under the Treaty on the Functioning of the European Union. 

Joanna Scheuring-Wielgus, S&D MEP and coordinator in the FEMM committee, said:

"Gender-based violence is a global pandemic and the most widespread violation of human rights. In Europe, one in three women has experienced physical or sexual violence since the age of 15, and one in twenty reported having been raped. However still, rape is hugely under-reported as women fear stigma, they lack trust in the justice system, or think they would simply not be believed.

"Currently, only a dozen EU countries have laws defining rape as sex without consent. In other EU countries victims are required to prove the use of force or threat for the act to qualify as rape. I am proud that, thanks to 'Lewica', Poland just revised its criminal law concerning the crime of rape, including the consent-based definition for the first time. I hope France and other countries will follow too. Things must change – to honour the incredible courage of Gisèle Pelicot* and to protect other women in the future! The ‘Only Yes means Yes’ approach must become the new norm throughout the whole EU."

Birgit Sippel, S&D MEP and coordinator in the LIBE committee, added:

"We urge all member states to get rid of outdated laws regarding rape and bring legislation in line with the Istanbul Convention. At the same time, we continue to push for a consent-based rape legislation at the EU level. Unfortunately, the Council rejected this demand in the recently adopted EU directive to combat violence against women. Some member states argued that there was no legal basis for such a legislation, when in fact, what was most lacking was the political will by leaders like French President Emmanuel Macron and liberal Minister for Justice Marco Buschmann in Germany.

"However, we are not giving up. We demand the Commission to follow up on its promise. The crime of rape on the basis of the lack of consent needs to be criminalised at EU level.

"Additionally, we call for identifying gender-based violence as an EU crime under the Treaty. This step, so far refused by the Commission and the Council, would make it possible for the EU to fight all forms of this crime, both online and offline. There is unfortunately still a long way to go before women are protected in the EU."

Notes to editors: 

One in three women has experienced violence or threats of violence and or sexual violence in their lifetime by any perpetrator, as shown in the first EU-wide data survey published November 25, 2024, by FRA, Eurostats and EIGE. This means that we have not seen any progress in the last 10 years since the last EU survey was published. Regarding rape, we have seen an increase, with new data showing that one in six women has experienced sexual violence, including rape, in their lifetime.

Gisèle Pelicot is the victim of mass rape. Her husband has admitted to drugging her and recruiting dozens of men online to rape her while she was unconscious. The trial shook the country, clearly demonstrating the limits of existing French legislation, and promoting calls for change.