EU governments shoot down rape definition in new gender-based violence rules

MEPs and the EU Council have brokered a deal on the rules to fight gender-based violence, but activists complained that many proposals by the Commission and the EP, such as a harmonised consent-based definition of rape, had been shot down by EU governments.

The informal agreement reached by the MEPs and Council negotiators includes measures to prevent rape, tougher rules on cyber violence, and better support for victims.

Also for the first time, there will be EU-wide rules on the criminalisation of certain forms of gender-based violence and better access to justice, protection and prevention. Member states now must also raise awareness that non-consensual sex is considered a criminal offence.

But Amnesty International director of European institutions, Eve Geddie, said the agreement was disappointing and fell far short of the historic step forward in the fight against gender-based violence.

Malta in phalanx of EU states resisting ‘rape’ definition in gender violence law

“While it contains positive elements, many excellent proposals by the Commission and the Parliament that would have ushered in strong and binding measures, were needlessly shot down by member states. These include the introduction of a harmonised consent-based definition of rape, blocked among others by France and Germany, and the obligation to ensure safe reporting mechanisms for undocumented women,” Geddie said.

Malta’s commissioner Helena Dalli was at the forefront of the request to have a harmonised definition on the crime of rape being applied across all of the EU.

Malta Women’s Lobby had also called on the Maltese government to reconsider its stance on not supporting an EU-wide crime of no-consent rape in the proposed EU Directive on Violence Against Women.

On no-consent rape, Malta shies away from zealous EU definition

 “While the recognition of intersectional discrimination in the Directive is welcome, the omission in Article 35 of groups at heightened risk of gender-based violence, such as LBTQI women, undocumented women and women in sex work, is a glaring one,” Geddie said.  “We remind governments that this Directive only sets minimum standards and we call on member states to aim much higher in their implementation.”

Under the proposed directive, a longer list of aggravating circumstances for offences will be legislated, including crimes against a public figure, journalist or human rights defender, intent to punish victims for their sexual orientation, gender, skin colour, religion, social origin or political beliefs, and intent to preserve or restore “honour”; rules against female genital mutilation and forced marriage; and specific rules for online crimes, including the release of intimate material and cyberflashing.

On Parliament’s insistence, the Commission will report every five years on whether the rules should be revised.

Parliament and Council will have to formally approve the agreement and the new rules have to be implemented by member states within three years.

There will also be improved procedures for victims’ safety and health, taking into account intersectional discrimination and access to healthcare, including sexual and reproductive healthcare services; and enhanced reporting and evidence gathering by authorities.

Irish MEP Frances Fitzgerald (EPP) said: “For the first time, the European Union sends a clear message that we take violence against women seriously as an existential threat to our security. Together, nearly 450 million people and three institutions say that we will not stand for it. While this Directive does not address everything that Parliament would wish to, including an offence of rape based on a lack of consent, it does make important strides on prevention, protection and prosecution. Today, we take the first step towards making Europe the first continent in the world to eradicate violence against women.”

Swedish co-rapporteur Evin Incir (S&D) said: “This agreement is a catalyst for positive change, a commitment to continuously improve, and shows our collective responsibility to combat violence against women. But our fight is far from over. I am very disappointed that some member states chose to stand on the wrong side of history and block the inclusion of a consent based rape legislation. Yet I maintain hope that by fostering a cultural shift around consent in Europe, we can pave the way for the legislation to be adopted in the future. We will persist fighting for women's rights until societal change is unmistakable.”