European Parliament adopts uniform 'yes means yes' rape definition across EU
The move replaces divergent national models ranging from physical force requirements to 'no means no', though implementation timelines for member states remain to be determined
On 28 April 2026, the European Parliament approved a common definition of rape by a large majority of 447 to 160 votes. The new legislation establishes that rape is defined by the absence of consent, adopting the 'only yes means yes' principle across all 27 member states. This decision aims to replace varying national legal models, which previously ranged from requiring physical force to the 'no means no' standard.
The initiative, led by Swedish MEP Evin Incir, seeks to align EU laws with international standards and improve victim support. The legislative document explicitly states that the decisive factor in determining rape should be the absence of consent, rather than the requirement for a victim to fight back or show physical evidence of refusal. This approach targets cyberviolence, deepfakes, and digital violence against women as part of the broader EU Gender Equality Strategy.
Prior to this decision, definitions of rape varied significantly across the EU, generally falling into three categories. In several member states, an act was only considered rape if the perpetrator used or threatened to use physical force. In other jurisdictions, including Germany, Austria, and Poland, the 'no means no' model applied, where rape was considered a crime if the act was committed against the victim's recognizable will. The 'only yes means yes' model, first introduced in Sweden in 2018, is now in effect in countries such as Belgium, Denmark, Croatia, Greece, Spain, the Netherlands, and France, which adopted it in November 2025 following the Gisele Pelicot case.
The passage of this measure follows an earlier initiative to pass similar legislation that failed in 2024, partly due to formal legal concerns raised by France and Germany about the EU overstepping its authority in an area of national sovereignty. At the time, officials in Paris and Berlin argued that criminal law is a core area of national sovereignty and that rape is not explicitly listed in the EU treaties as a criminal offense with a cross-border dimension. Consequently, they feared the European Commission would overstep its authority and that a corresponding directive could be overturned by the European Court of Justice.
Despite these earlier objections, the political landscape has shifted significantly since 2024. Swedish MEP Evin Incir noted that not only has France changed its position at the national level, but Italy is also currently working on a corresponding law. The new regulation explicitly targets cyberviolence, deepfakes, and digital violence against women, building upon the bloc's accession to the Istanbul Convention on 1 October 2023 and its 2024 directive criminalising sexual harassment in the workplace and cyberstalking.
Human rights organisations such as Amnesty International recognise the transition to the 'only yes means yes' rule as an important step in terms of social change. However, challenges remain regarding the practical application of the law. Prosecution rates for rape cases across Europe remain extremely low, with clear evidence often difficult to establish and trials frequently relying on conflicting testimonies. While Sweden saw a rise in convicted rapists after introducing the new rule in 2018, overall conviction rates across the continent remain in the low single-digit percentage.
