EU Parliament Calls for Uniform ‘Yes Means Yes’ Definition of Rape

On 28 April 2026 the European Parliament adopted a resolution calling for an EU-wide definition of rape that requires an affirmative, freely given and unambiguous indication of consent. The vote was 447 for, 160 against and 43 abstentions. The text states that silence, lack of resistance or the absence of a ‘no’ cannot be interpreted as consent and that consent may be withdrawn.

Human Rights Watch

EU criminal law uses three approaches: (1) force-based statutes, (2) a “no-means-no” rule requiring explicit refusal, and (3) the “only-yes-means-yes” model that treats any non-consensual sex as rape. Human Rights Watch says 17 of 27 states have consent-based statutes; Amnesty International counts 21. The Istanbul Convention, 2023, obliges signatories to centre consent in sexual-violence definitions.

CNN

Support comes from Dutch MEP Anna Strolenberg, French MEP Manon Aubry, Swedish MEP Evin Incir, Irish MEP Maria Walsh, and Amnesty International’s Dinushika Dissanayake. Germany and France object on sovereignty grounds.

Philippine Daily Inquirer

The European Council says about half of EU women have faced sexual harassment since age 15; Amnesty International reports one in six experience sexual violence and one in ten are raped. Conviction rates stay in the low single-digit range.

Philippine Daily Inquirer

Proponents say an EU-wide consent rule would align national laws with standards and ease evidentiary burdens for survivors. Critics argue the EU lacks treaty authority to set criminal definitions and could be overruled by the European Court of Justice.

Human Rights Watch

German and French officials stress that criminal law is a sovereign matter and warn a directive could be invalidated by the European Court of Justice, echoing objections that stalled a 2024 proposal.

Philippine Daily Inquirer

A German court convicted a man of drugging and repeatedly raping his unconscious wife. CNN uncovered a Telegram group of about 1,000 men sharing instructions for drug-facilitated assaults, underscoring the need for EU action.

CNN

Sources differ on consent-based rape laws—Human Rights Watch cites 17 states, Amnesty International 21—and evidence on how the “yes-means-yes” model changes conviction rates remains limited.

Philippine Daily Inquirer

• “a society that truly respects women does not ask whether they resisted enough, it asks whether they freely agreed.” — Anna Strolenberg, Dutch MEP

CNN

• “why a European-wide response is so badly needed” — Maria Walsh, Irish MEP

CNN

• “not the fact that women have to fight back or show bruises to prove they said ‘no!'” — Evin Incir, Swedish MEP

Philippine Daily Inquirer

The resolution obliges the European Commission to draft a directive. Italy is preparing a national consent-based law; the Czech Republic is debating similar reforms. Germany and France are likely to challenge the measure, and the European Court of Justice may decide on the EU’s competence to set criminal standards.

Philippine Daily Inquirer