EU Parliament approves common definition of rape

About half of all women in the European Union have been sexually harassed at least once since their 15th birthday, according to the  European Council.

In response, the EU has launched several measures to better protect women and girls from sexual assault. On October 1, 2023, it acceded to the Istanbul Convention, the world's most comprehensive set of rules for combating gender-based violence. In 2024, the bloc adopted a directive that criminalizes sexual harassment in the workplace, cyberstalking, and the non-consensual distribution of intimate images across the EU.

The new EU Gender Equality Strategy specifically targets cyberviolence, deepfakes, and digital violence against women. European countries invest hundreds of millions of euros annually in projects focused on violence prevention and victim protection.

Cross-party initiative in the European Parliament

However, when it comes to defining what actually constitutes rape under criminal law, the 27 EU member states have been unable to reach a consensus for decades. A cross-party initiative in European Parliament aimed to push the European Commission to redefine the legal framework for this.

"The legislative initiative aims to create a uniform EU-wide regulation that ensures that in sexual relationships, only 'yes' truly means 'yes' and that all rape laws in the EU are based on the principle of consent," Evin Incir, a member of the European Parliament representing the Swedish Social Democratic Party and one of the initiators of the latest push, told DW.

In future, Incir added, the decisive factor should be "the absence of consent" and "not the fact that women have to fight back or show bruises to prove they said 'no!'"

The document also calls for alignment with international standards and stronger support for victims across all member states, including access to justice, specialized services, and healthcare.

On Tuesday, April 28, 2026, it was approved by a large majority of 447 to 160 votes in the European Parliament.

Criminal law differences within the EU

Up until now, criminal law definitions of what is considered rape have varied considerably across Europe.

Their legal models could be broadly divided into three categories. In several EU countries, an act is only considered rape if the perpetrator uses or threatens to use physical force. In other countries, including Germany, Austria, and Poland, the so-called "no means no" model applies: Rape is considered a crime if the act is committed against the victim's recognizable will, meaning they actively refuses to consent.

The "only yes means yes" model, on the other hand, means that any sex without explicit, voluntary consent is defined as rape. This model was first introduced in Sweden but is also in effect in numerous other EU countries such as Belgium, Denmark, Croatia, Greece, Spain and the Netherlands. France joined in November 2025, in the wake of the Gisele Pelicot case, which shocked the entire country. The introduction of this law is also currently being discussed in the Czech Republic.

Sweden pioneers legislation to stop rape

The prosecution rate for rape cases remains extremely low. Only a fraction of rape crimes is reported at all, and trials often pit one person's word against another's word. Also, clear evidence of rape is difficult to establish. Some estimates suggest that across Europe, only a low single-digit percentage of actual rapists are actually convicted.

In Sweden, the EU country that was the first to introduce the "only yes means yes" rule in 2018, the number of convicted rapists has risen significantly. This is likely also due Stockholm simultaneously introducing the criminal offense of "grossly negligent rape." Under this provision, perpetrators can now be convicted if they did not ensure beforehand that their partner is voluntarily participating in the sexual act.

Nevertheless, proving a rape case in court remains difficult, and the overall conviction rate remains low. Human rights organizations such as Amnesty International recognize the transition to the "only yes means yes" rule as an important step, also in terms of social change.

More European nations adopt similar rape laws

The "only yes means yes" rule was proposed for the second time as a Europe-wide standard. An earlier initiative failed in 2024 — in part due to France and Germany's obstruction in the European Council. The issue was less about a substantive rejection of the consensus principle and more about formal legal concerns.

Because rape is not explicitly listed in the EU treaties as a criminal offense with a cross-border dimension, countries have argued the EU lacks authority to establish a Europe-wide definition. Criminal law is considered one of the core areas of national sovereignty.

Germany and France expressed fears the European Commission would overstep its authority and that a corresponding directive could be overturned by the European Court of Justice.

"A lot has happened since 2024, when we first called for legislation on persistent rape," Swedish MEP Evin Incir told DW, highlighting that not only France has changed its position at the national level, but also Italy is currently working on a corresponding law.

This article was originally published in German.