Today marks not an end but a beginning. This directive signals a turning point, yet it remains an unfinished task. The Irish MP Frances Fitzgerald acknowledged this during the ongoing discussion about the interim agreement between the European Parliament and the Council on the first EU-wide directive addressing violence against women and domestic violence.
In spite of political pressure, most Member States stayed the course. The text, while introducing significant advances to protect and support victims, does not include a universal definition of non-consensual rape.
First EU-wide legislation against gender violence arrives, but not as ambitious as what the European Parliament sought
The Parliament aimed for a directive that would mirror Spain’s consent-focused approach by criminalizing non-consensual sexual intercourse across the EU. Notably, several countries, including Germany, France, and Hungary, opposed this move, blocking the broader scope.
Countries such as Germany, France, and Hungary blocked an attempt to imitate Spain’s consent-based law
Frances Fitzgerald noted that thirteen Member States supported including an EU-wide definition of non-consent, yet a qualified majority in the Council could not be reached. While there is a commitment to implement the measures, the Istanbul Convention framework raised questions about consent.
The agreement stops short of criminalizing non-consensual sexual intercourse
María Eugenia Rodríguez Palop, a Spanish MP, described the process as a mission that must continue. She voiced disappointment that governments created barriers and blocked the inclusion of rape as a criminal offense, a central issue from the outset. She urged that future generations might see a more feminist world emerge from today’s work.
Council’s legal questions
Brussels initially proposed including non-consensual rape, but the Twenty-Seven chose to exclude it in the pre-summer consensus. Diplomatic sources suggested that there was no solid legal basis to proceed without an EU-wide definition and recognition of rape as a crime. The Council’s legal service warned that moving ahead without this could pose legal risks.
There is a commitment from governments to build a culture of consent
Rape and related protections were a red line for the European Parliament for months. Time pressure grew as the deadline for the corporate agreement loomed. To avoid letting the regulation lapse, MEPs accepted including consent in the prevention and protection sections, and governments stated that the norm would be reviewed within five years. Incir underscored the ongoing need to work toward a culture of consent.
Notable progress
Despite the setback, the regulations now await formal approval by both the Council and the European Parliament. They set minimum standards for a range of offenses. For the first time in the EU, offenses include female genital mutilation, forced marriage, sharing intimate images without consent, cyberbullying, and incitement to hatred or violence online. The measure is seen as a major step toward better protecting women and girls from violence at home, at work, on the street, and online.
Certain practices are now criminal in the EU for the first time
The regulation also adds aggravating factors such as repeated violence against a woman, violence against a defenseless person or a child, and excessive force. It makes clear that targeting someone for sexual orientation, gender, race, religion, origin, or beliefs can worsen penalties, and that attempts to preserve or restore family “honor” are considered aggravating factors when relevant.
The framework obliges Member States to provide accessible and user-friendly reporting channels, including online reporting and online evidence submission in cybercrime cases. When victims are minors, countries must ensure access to professionals trained to work with minors. If a complaint involves a person with parental authority, it should not depend on that person’s consent. Restraining orders, protective measures, and 24/7 helplines must be guaranteed to those in danger.