‘Only Yes Means Yes’: Sex Without Consent Must Be Rape Across EU; European Parliament Urges Commission to Legislate

On 28 April 2026, the European Parliament adopted a resolution calling for a common, consent based definition of rape across all Member States. The decision responds to wide disparities in national laws and follows the exclusion of rape definitions from the EU’s 2024 Directive on Combating Violence Against Women. Parliament reaffirmed that rape must be defined by the absence of freely given, informed, and revocable consent, an approach commonly described as ‘only yes means yes.’

The resolution urges the European Commission to bring forward EU-wide legislation to ensure equal protection and a survivor centred approach to justice across the Union.

Background:

Rape laws across the EU have long differed, with several Member States still relying on force or violence based definitions rather than the absence of consent. This has resulted in uneven legal protection for survivors and sustained criticism from human rights bodies.

In 2023, the European Union acceded to the Istanbul Convention, which requires rape to be criminalised based on the absence of freely given consent. However, when the EU adopted the Directive on Combating Violence Against Women and Domestic Violence in 2024¹, a proposed article introducing an EU wide definition of rape was removed after opposition from the Council of the EU. Criminal law competence remained a key point of disagreement.

Against this backdrop, the European Parliament, particularly through its Civil Liberties (LIBE) and Women’s Rights (FEMM) Committees, continued to push for a consent based approach. On 24 April 2026, Parliament’s rapporteurs briefed the media ahead of a plenary debate, signalling that a renewed political push was imminent.²

That debate culminated in a decisive vote on 28 April 2026.

Key takeaways of European Parliament decision:

The European Parliament adopted a formal resolution calling on the European Commission to propose EU-wide legislation defining rape as sex without freely given, informed, and revocable consent. It was adopted by a strong majority:

• 447 in favour

• 160 against

• 43 abstentions

1. Rape defined by absence of consent

Parliament stated unequivocally that rape must be defined based on the absence of consent in all EU countries. It rejected force or violence based models and urged Member States that still rely on such definitions to align their national laws with international standards, including the Istanbul Convention.³

The Parliament clarified that:

• Silence, lack of resistance, or the absence of a ‘no’ cannot be interpreted as consent

• Previous consent, past sexual conduct, marriage, or any current or previous relationship do not imply consent

This position reflects what is commonly referred to as the ‘only yes means yes’ principle.

2. Context based assessment of consent

MEPs emphasised that consent must be assessed in context, especially in situations involving:

• Violence or threats

• Abuse of power, fear, or intimidation

• Unconsciousness, intoxication, or chemical submission

• Sleep, illness, disability, or other vulnerability

The resolution also addressed trauma responses, such as ‘freeze’ or ‘fawn’ reactions, to be properly reflected in legislation and judicial practice, recognising psychological understanding of sexual violence.

3. A victim centred approach to justice

Parliament stressed that only consent based rape legislation can ensure real access to justice. MEPs called for an intersectional, victim centred approach across the EU, including:

• Immediate medical care and trauma-informed treatment

• Sexual and reproductive healthcare, including safe and legal abortion where applicable

• Psychological and legal assistance

• Free specialist support services and 24 hour crisis centres across Member States.

4. Training, prevention, and education

The resolution went beyond criminal definitions. Parliament called for:

• Mandatory, tailored training for professionals likely to interact with survivors, including police, judges, prosecutors, lawyers, healthcare workers, and frontline staff

• EU-level guidelines in 2026 on comprehensive sexuality and relationship education

• EU wide awareness campaigns on consent, bodily autonomy, and sexual integrity

• Action against rape myths, anti gender narratives, and incel propaganda online.

By endorsing a consent based definition of rape, the European Parliament reaffirmed its commitment to survivor centred justice and legal equality across the EU. While the resolution is not legally binding, it pushes towards the European Commission and Member States. Whether this position becomes binding EU law will now depend on legislative follow-up and agreement at the EU level.