For Spain, the debate on sexual assault and consent is not new. In fact, it has the first law that states that only a yes endorses a sexual relationship and the difference of a rape. The citizens themselves, especially women, asked for it in multiple demonstrations when it was found that many sexual assaults went unpunished because the law required the victim to demonstrate that they had clearly (physically) opposed it. The argument that a victim was paralyzed out of fear was not valid. Until the law of only yes is yes arrived.
And now it is closer that this norm is extended to all of Europe in the future directive against male violence that Brussels promoted last year. A few days ago, the European Parliament endorsed the report prepared by the parliamentary committees for Civil Liberties and Women's Rights, which includes a definition of rape based on the absence of consent.
According to Eurocámara sources, MEPs seek to add fear and intimidation to the list of factors that prevent free decision-making. "Consent must be assessed taking into account the specific circumstances," say the MEPs, proposing additional criminal rules on sexual assault (ie any non-consensual sexual act that cannot be defined as rape).
Frances Fitzgerald, MEP leader of the Women's Rights and Gender Equality committee, defends that “non-consensual sexual relations, that is, rape, must be included in any directive on violence against women. With rates of violence against women continuing to rise post covid, it would be incomprehensible for women to hear from their governments that rape cannot be included in legislation to combat this horrible phenomenon. Parliament will stand up for women's rights to be safe anywhere in Europe: we call on member states to do the same."
Evin Incir, MEP leader of the Civil Liberties, Justice and Home Affairs committee, spoke along the same lines: “With this historic directive, we are unleashing a powerful force for change. Women's bodies are not at stake and we refuse to tolerate any violation of their autonomy and dignity. It is time to turn words into action in defense of women and girls across the EU.”
And he stated that “member states should know that there cannot be a directive without paragraphs on consent. Only a yes is a yes!”
The report endorsed by the European Parliament also addresses the forms of violence and harassment online. MEPs are calling for an expanded definition of "intimate material" that cannot be shared without consent, to include nude images or videos that are not of a sexual nature.
Disclosure of personal data in this context without consent must be penalized and economic damage must be taken into account. Sending unsolicited material showing genitalia should be classified as cyberbullying, MEPs add.
In addition, they call for EU legislation on intersex genital mutilation, forced sterilization, forced marriage and sexual harassment at work.
