A LandmarkStep for Justice: The EU’s Move Toward “Only Yes Means Yes”
By: Dori Felber
Reading time: 3 min
Amrei-Marie, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons
The European Parliament has taken a historic stand for survivors of sexual violence by adopting a resolution that calls for a standardised, consent-based definition of rape across the entire European Union. With a decisive vote of 447 members in favour, 160 against, and 43 abstaining, the resolution demands that the principle of “only yes means yes” become the legal benchmark for all member states. This legislative push is a crucial attempt to address the current "patchwork" of laws that leaves many victims without protection depending on which national border they cross.
Beyond the "Force" Requirement
For decades, many EU legal systems have relied on outdated models that define rape only when there is evidence of physical violence, threats, or coercion. However, these standards often fail to account for the physiological realities of trauma. Research from the Karolinska Institute reveals that 70% of sexual assault survivors experience "tonic immobility", an involuntary state of paralysis triggered by intense fear. MEP Joanna Scheuring-Wielgus, a lead proponent of the resolution, emphasised that victims often freeze or faint rather than scream, and none of these survival responses should ever be misinterpreted as consent.
The resolution is clear: consent must be affirmative, freely given, informed, and revocable at any point before or during a sexual act. Crucially, the text specifies that silence, a lack of physical resistance, or the mere absence of a "no" does not constitute a "yes".
The Catalyst for Change: The Gisèle Pelicot Case
The momentum for this reform was significantly accelerated by the global outrage following the Gisèle Pelicot trial in France. Pelicot became a symbol of the fight for justice after it was revealed her husband had drugged her for a decade, inviting dozens of men to rape her while she was unconscious. Her case exposed the fundamental flaw in laws that prioritise the perpetrator’s use of force over the victim’s lack of consent. Legislators noted that Pelicot’s courage helped open the eyes of even the most conservative opponents, leading France to eventually revise its own laws.
Addressing a "Moral Failure"
The need for a unified standard is underscored by staggering statistics. Across the EU, only an estimated 0.5% of rapes lead to a conviction, and only about 14% of victims ever report the crime to the police. In countries like Germany, where the law still requires proof of resistance, estimates suggest that only one in one hundred rapes results in a conviction. MEP Evin Incir described the current legal vacuum as a "moral failure", arguing that the law is clear when it comes to property—stealing money without consent is an obvious crime—yet that same clarity is often missing when it involves a person's body.
While 17 of the 27 EU member states have already moved to consent-based laws, others like Italy, Hungary, and Romania remain outliers. The resolution urges these nations to align with international standards, such as the Istanbul Convention, which identifies the lack of freely given consent as the core of sexual violence.
A Holistic Vision for Survivor Care
The resolution goes beyond judicial reform, demanding a "victim-centred" approach to survivor care. This includes:
Mandatory training for police and judicial staff to prevent secondary victimisation.
Access to essential healthcare, including trauma care, psychological support, and safe abortions.
Educational initiatives to combat harmful gender stereotypes and "incel" propaganda that normalises violence against women.
The ball is now in the European Commission’s court to draft a formal legislative proposal. While some member states have previously blocked similar efforts by questioning the EU's legal competence, proponents argue that the Treaty on the Functioning of the European Union (Article 83) provides the necessary authority to act against sexual exploitation. As women’s rights face rollbacks in other parts of the world, MEPs argue that Europe must lead by example, ensuring that "yes" carries the same legal weight in every corner of the Union.
