The European Parliament considers any sexual relations without consent to be rape

For Spain, the controversy over sexual assault and consent is nothing new. In fact, she has the first law that says only yes endorses sexual relations and the difference in rape. Citizens themselves, especially women, have asked for it in multiple demonstrations when it was found that many sexual assaults go unpunished because the law obliges the victim to prove that she clearly (physically) opposed it. The argument that the victim was paralyzed by fear was not valid. Until the law came Yes, just yes .

Now it is getting closer that this standard will be extended to all of Europe in the future directive against male violence that Brussels promoted last year. A few days ago, the European Parliament approved the report prepared by the Parliamentary Committees for Civil Liberties and Women’s Rights, which includes a definition of rape based on non-consent.

“There can be no directive without paragraphs on consent. Only yes is yes!”

According to Eurocámara’s sources, MEPs seek to add fear and intimidation to the list of factors that prevent free decision-making. “Consent must be assessed taking into account the specific circumstances,” say the MEPs, and propose additional criminal rules on sexual assault (that is, any non-consensual sexual act that cannot be defined as rape).

Frances Fitzgerald, European Parliament Chair of the Committee on Women’s Rights and Gender Equality, defends that “Non-consensual sexual relations, i.e. rape, must be included in any directive on violence against women. With post-virus violence still rising, it would be incomprehensible for women to hear from their governments that rape cannot be included in legislation to combat this horrific phenomenon. Parliament will advocate for women’s rights to be safe anywhere in Europe: we call on Member States to do the same.”

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Evin Enser, European Parliament Chair of the Committee on Civil Liberties, Justice and Home Affairs, spoke along the same lines: “With this historic directive, we are unleashing a powerful force for change. Women’s bodies are not at stake and we refuse to tolerate any violation of their independence and dignity. It is time to turn words into action in defense of women and girls across the European Union.”

He stated that “Member states should know that there can be no directive without consent clauses. Only yes is yes!”

The report, approved by the European Parliament, also addresses forms of online violence and harassment. MEPs are calling for an expanded definition of “intimate material” that cannot be shared without consent, to include nude photos or videos that are not sexual in nature.

The report, which was approved by the European Parliament, also addresses forms of online violence and harassment

Disclosure of personal data in this context without consent must be sanctioned and economic harm must be taken into account. Sending unsolicited material showing genitalia should be classified as cyberbullying, MEPs add.

In addition, they are calling for EU legislation on intersex genital mutilation, forced sterilization, forced marriage, and sexual harassment at work.