ENoMW Statement
The European Network of Migrant Women welcomes the European Parliament’s vote in favor of a consent-based definition of rape, as it aligns EU standards with international human rights law requiring that sexual acts be based on freely given consent.
However, legislative approaches centered exclusively on the concept of consent raise legal and practical challenges. There is a risk that judicial analysis shifts toward the victim’s behavior and mental state, rather than the conduct of the perpetrator and the surrounding coercive circumstances. Even under affirmative consent frameworks, concerns persist regarding the evidentiary burden placed on victims and the insufficient recognition of coercive control, dependency, and structural inequalities.
International human rights law recognizes that consent cannot be considered valid in situations involving coercion, abuse of vulnerability, or asymmetry of power. Therefore, any future EU legislative initiative must move beyond an exclusive reliance on the concept of consent. It should ensure that:
- Criminal definitions do not hinge on the interpretation of the victim’s behavior or mental state.
- Primary emphasis is placed on the conduct of the perpetrator and the existence of coercive, exploitative, or unequal conditions.
- It is explicitly recognized that apparent consent does not guarantee it was freely given, particularly in contexts of dependency or structural inequality.
Legal frameworks are embedded within a broader structural understanding of violence against women, including patterns of coercive control that may render meaningless any apparent agreement.
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