Sexual and domestic violence should be punished more harshly across the EU in the future. For the first time, the EU member states and Parliament have agreed on an agreement against violence against women. “We have an agreement to combat violence against women and domestic violence,” said EU Commissioner for Values and Transparency, Věra Jourová. Contrary to what was proposed by the Commission and Parliament, the text does not cover the crime of rape due to opposition from member states such as Germany and France.
Women’s rights activists had hoped that the new regulation would make the principle “Yes means Yes” valid throughout Europe. This already applies in Sweden and Spain, among others: there, sex must be expressly consented to in order for it to be considered consensual.
The EU Commission had proposed introducing such a regulation against violence against women across Europe. Accordingly, perpetrators should be able to be prosecuted for rape across the EU, even if they did not hit or threaten the victim. To date, violence or threats are a prerequisite for criminal prosecution in 18 of the 27 Member States.
Genital mutilation, forced marriage and stalking will now be punishable across the EU
Critics of the project, including Federal Justice Minister Marco Buschmann, had argued that there was no legal basis in European law for such a uniform regulation. A corresponding article therefore did not make it into law.
However, the EU states were able to agree on other points: With the agreement against violence against women, which the EU Commission proposed on International Women’s Day, female genital mutilation should be considered a criminal offense throughout Europe. Also the forced marriage, stalking and bullying of women on the Internet should be criminalized across the EU. The same applies to the malicious distribution of intimate recordings.
In the future, EU states will also have to set up a national telephone helpline that victims of violence can reach around the clock and free of charge. They should also take measures to prevent violence against women and domestic violence. These should aim, for example, to raise awareness of what forms of violence there are against women and to combat gender stereotypes.
Criticism of Buschmann’s blockade stance
Negotiators from the European Parliament and EU states had agreed on the law. The new requirements still have to be approved by Parliament and the EU states. In most cases this is a formality.
Over a hundred prominent women had previously called on Buschmann in an open letter to give up the blockade on the EU-wide introduction of the “Yes means Yes” principle. “I am very disappointed that some member states have chosen to be on the wrong side of history and block the inclusion of a consent-based rape law,” said Socialist MEP Evin Incir.
In Germany, the principle “no means no” has applied since the sexual criminal law was reformed in 2016. Rape only occurs if sex is clearly refused. Since the reform, however, rejection can no longer only be expressed through physical resistance – also through words or gestures.
Sexual and domestic violence should be punished more harshly across the EU in the future. For the first time, the EU member states and Parliament have agreed on an agreement against violence against women. “We have an agreement to combat violence against women and domestic violence,” said EU Commissioner for Values and Transparency, Věra Jourová. Contrary to what was proposed by the Commission and Parliament, the text does not cover the crime of rape due to opposition from member states such as Germany and France.