In under ten days, on December 13, European Parliament and Council negotiators from member states will convene in Strasbourg in an effort to reach a political agreement on a directive proposal that mirrors Spanish law and aims to define rape as a non consensual sex crime across the European Union. The challenge is that twenty months have passed since the European Commission first introduced the proposal, and negotiations have only recently begun to move forward. Yet a number of governments, notably Germany and France, remain resistant to an early breakthrough.
Some EU governments, especially France and Germany, have balked at including a clear definition of rape within the bill. Swedish socialist Evin Cir warned speakers and negotiators in the European Parliament on Monday that it is obvious to survivors and supporters of women’s rights that strategies to combat violence against women and domestic violence cannot be complete without addressing rape. Irish conservative Frances Fitzgerald also weighed in on what constitutes the red line for the European Parliament.
The discussion is underscored by data from the EU Agency for Fundamental Rights, which highlights a troubling pattern: one in ten women in the EU report having experienced some form of sexual violence since the age of 15, and one in twenty report being raped. Leaders warn that no comprehensive, consistent legal protection exists at the European level for more than half of the population, pointing to divergent regulations across the twenty-seven member states and asserting that current norms are insufficient in many cases.
old standards
Critics argue that outdated rules can effectively shield perpetrators and place the burden of proof on survivors, sometimes requiring medical clearance that fails to reflect the real complexity of such crimes. They also note that women who relocate within the EU face persistent legal fragmentation, often losing access to protections available in their home countries. They stress that there remains time to rethink positions and steer toward what they call the right side of history.
Although the concept of consent appeared in the Commission’s proposal, the framework initially adopted by the Twenty-Seven last June under the Swedish presidency chose to exclude this item after significant opposition from several governments. The text was published amid debates about whether the legal basis is strong enough and whether rape falls within the realm of European crimes, a point that some speakers strongly reject.
qualified majority
For the law to pass the acid test in the Council, the presidency must assemble a qualified majority that includes at least fifteen member states representing fifty-five percent of the population. So far, only about a dozen countries have spoken in favor of including the consent principle: Belgium, Greece, Italy, Finland, Slovenia, Cyprus, Austria, Sweden, Luxembourg, and Spain. In contrast, France, Germany, Estonia, Slovakia, Hungary, Poland, Bulgaria, Malta, Denmark, the Czech Republic, and the Netherlands oppose it, while Ireland remains undecided.
What remains clear is that the decision is on the table. The leaders closely watching the process emphasize that a path forward is possible if key governments shift their position. In remarks both reported to have been made at the desks of their justice ministers, there is a sense of urgency to align on protecting women and girls, rather than letting the debate drift. The dialogue continues, with survivors and advocates urging a move toward stronger safeguards and consistent standards across the bloc.