European Commissioner for Equality, Hadja Lahbib, told the European Parliament on 27 April 2026 that the Commission will support national reforms to define rape based on the lack of consent and conduct a comprehensive mapping of EU legislation to identify further action, including legislative measures, to ensure sex without consent is criminalised across the Union. Speaking during a plenary debate, Lahbib cited the EU's gender-based violence survey showing that 17.2% of women have experienced sexual violence, and highlighted a CNN investigation into online networks encouraging sexual assault.
Lahbib's speech follows the Commission's March 2025 Roadmap for Women's Rights, which set the objective of preventing and combating sexual violence based on lack of consent. The recently adopted Gender Equality Strategy also underscores this commitment. Lahbib welcomed the Parliament's report prioritising a consent-based rape definition and stressed the importance of implementing the landmark Directive on Combating Violence Against Women and Domestic Violence, particularly Article 35 on preventive measures promoting consent.
Cross-institutional push for harmonised definition
Lahbib noted the ongoing trilogues between the Parliament and the Council on the recast Directive on combating child sexual abuse, which aims to establish a harmonised definition of rape based on lack of consent for victims aged 16-18. She urged an agreement ensuring all non-consensual sexual acts are criminalised, stating that 'a child's freezing in fear should never be mistaken for consent.' The Commission's mapping exercise will assess current national laws and identify gaps, potentially leading to new legislative proposals.
trade-offs and stakeholder impacts
The speech signals a shift towards stronger EU-level intervention in criminal law, traditionally a national competence. This creates a cleavage between EU integration (harmonised consent-based definition) and national sovereignty (member states' control over criminal codes).
- EU regulatory bodies: The Commission gains a stronger role in shaping criminal law, but faces implementation challenges and potential legal pushback on competence. - National authorities of EU countries: May face pressure to reform penal codes, with administrative and legislative costs. Some member states with existing consent-based laws (e.g., Sweden) may welcome harmonisation, while others (e.g., Hungary, Poland) may resist as overreach. - EU victims' rights groups: Positive impact, as a clear legal definition could improve prosecution rates and victim support. However, impact depends on effective enforcement and police training. - EU legal professionals and courts: May face increased caseloads and need for training on consent-based evidence, but benefit from clearer legal standards.
Overall, the proposal is a moderate step towards EU-wide criminal law harmonisation, with concrete mapping and support for reforms but no immediate legislative proposal for adults. Importance score: 65.
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