​Two commissions of the European Parliament this week agreed to support in future Community legislation on gender-based violence the definition in all EU countries of the crime of rape on the basis of the victim’s lack of consent, and not on the basis of the use of force or threats, reports the EFE agency, citing Agerpres.

A similar proposal by the European Commission to establish a common definition of the crime of rape in all EU states according to the Spanish model, that is, there must be clear consent to the sexual act, otherwise it can be considered rape, was rejected by the member states in the Justice and Home Affairs Council (JAI) on 9 June .

The JAI Council then approved the common position of the Member States regarding the negotiations that the Council of the EU will hold with the European Parliament on the draft directive proposed by the European Commission on combating gender-based violence.

This proposal aims to harmonize the definition of crimes against women at the EU level. But in the text voted by the JAI Council, Brussels proposed to create a general classification of the crime of rape based on express consent, a proposal that also set a minimum penalty of eight years in prison for the crime of rape, applicable in all countries. of EU states, was rejected.

Despite the support of progressive governments, the European Commission’s proposal did not find the necessary support to be included in the text adopted by a qualified majority.

Sweden, the first country to criminalize sex without explicit consent

But now the specialized committees of the European Parliament are expressing their support for the European Commission’s proposal for a legislative project that would criminalize acts such as forced sterilization, female genital mutilation or harassment at work equally in all EU states, but not the refusal of abortion or sexting.

If this draft is not discussed and voted on in the plenary session of the European Parliament in July, then the version approved by the relevant committees will represent the position of the European legislature in future negotiations with the Council of the EU (member states) on European legislation on gender-based violence.

Sweden became the first country in the EU to pass a law in 2018 under the influence of the #MeToo feminist movement, making explicit consent to sexual intercourse otherwise considered rape, even in the absence of threats or violence.

The adoption of this law led to an increase in criminal convictions for rape. A similar law, called “yes is yes”, was adopted by Spain last year.

New Debates on the Istanbul Convention on Violence Against Women

In their proposals, the European Commission and the European Parliament refer to the Istanbul Convention of the Council of Europe on combating violence against women and domestic violence, a convention to which six EU member states (Bulgaria, Czech Republic, Hungary, Lithuania, Latvia) have joined. and Slovakia) have not ratified it, while Poland, which signed it under the previous liberal government, wants to withdraw under the current conservative government.

These countries believe that, in addition to the declared goal of combating violence against women, this convention promotes gender ideology, encourages same-sex marriage and acceptance of a third gender.

At the request of the European Commission, the European Parliament voted in May for the EU to join the Istanbul Convention as a bloc.

Although the convention contains measures on the competence of the EU institutions as well as the governments of the member states, the accession of the EU as a block to it will involve the application of only those measures for which the Community block has exclusive competence, so the member states that have not joined it with an individual title, will be released from some obligations contained in the document.