The EU wants to punish cyberstalking and forced marriage more severely in the future. There was no agreement on uniform punishment for rape. Among other things, Germany stood in the way.
Sexual and domestic violence should be punished more harshly in the EU in the future. Negotiators from the European Parliament and EU states agreed in Strasbourg on a law that would regulate certain crimes equally in all countries. According to EU countries and parliament, it is the first EU law to combat sexual violence.
Cyber stalking, forced marriage, female genital mutilation – or sending intimate images without consent will now be punishable throughout the EU. However, EU-wide standards on rape have not been agreed.
The new requirements still have to be approved by Parliament and the EU states. In most cases this is a formality. “Today we take the first step towards making Europe the first continent in the world to eliminate violence against women,” said European Parliament negotiator Frances Fitzgerald.
Dispute over the definition of rape
“We couldn’t find agreement on the definition of rape,” Fitzgerald said. This is “really a big disappointment – especially when you look at the high number of violent crimes in Europe.”
With regard to rape, Parliament called for a regulation according to which every sexual act must be consented: only yes means yes. However, several countries in the EU, including France and Germany, blocked this. The critics argued that there was no legal basis in European law for such a uniform regulation.
It was said that the EU would exceed its competences if it harmonized the offense of rape across the EU. “That can be regretted. I can also understand that people would want something different. But European primary law is what it is,” said Federal Justice Minister Marco Buschmann (FDP).
Among other things, national telephone help is planned
More than 100 prominent women had previously written an open letter calling on Buschmann to give up the blockade. “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 the future, the EU states will 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 the types of violence that exist against women and to combat harmful gender stereotypes.
Association of Women Lawyers insists on change
Dilken Çelebi, chairwoman of the criminal law commission in the German Association of Women Lawyers, also signed the open letter to Buschmann. “Every day between six and seven women are killed by their ex-partner or partner in the EU,” she says in the interview tagesschau24 on. The numbers show the need to act, said the lawyer. One in three women experienced physical and/or sexual violence.
The Association of Women Lawyers recognizes the importance of the EU directive, said Çelebi. It is “very, very important” to ensure uniform protection against violence across Europe. This should not depend on where you live. Unlike Germany, “many EU member states still have this coercion-based model,” said Çelebi. The focus is on the use of force or threats, which neither correspond to international law nor the now prevailing understanding of sexual self-determination.
Unlike Federal Justice Minister Buschmann, the Association of Women Lawyers believes that an expansion of EU law is possible. “The European Commission and the European Parliament also see it that way.”