On the importance of consent-based rape legislation in the EU

22.4.2026 A10-0047/2

Amendment 2

Mary Khan, Irmhild Boßdorf

on behalf of the ESN Group

Report A10-0047/2026

Evin Incir, Joanna Scheuring-Wielgus

on the importance of consent-based rape legislation in the EU

(2025/2040(INI))

Motion for a resolution (Rule 188(3) of the Rules of Procedure) replacing non-legislative motion for a resolution A10-0047/2026

European Parliament resolution on the importance of consent-based rape legislation in the EU

– having regard to Articles 2, 3 and 53 of the Treaty on European Union, and to Articles 10, 82 and 83 of the Treaty on the Functioning of the European Union (TFEU),

– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic Violence (Istanbul Convention), which the EU ratified in 2023 within the scope of its competences and which provides for the criminalisation of non-consensual sexual acts,

– having regard to Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence,

– having regard to Rule 55 of its Rules of Procedure,

A. whereas, pursuant to Article 7 of the Rome Statute of the International Criminal Court, rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation and other forms of sexual violence of comparable gravity constitute crimes against humanity;

B. whereas the offence of rape does not, as a rule, constitute a form of cross-border crime within the meaning of Article 83(1) TFEU, but occurs predominantly in the context of domestic violence and thus within the internal sphere of the Member States; whereas criminal law, including the definition of offences and sanctions, remains primarily within the competence of the Member States; whereas differences between national legal systems neither undermine legal certainty nor constitute a barrier to the exercise of free movement; whereas the protection of victims must be effectively ensured primarily at national level, in accordance with established legal traditions and fundamental principles, including legal certainty and the presumption of innocence;

C. whereas the Commission proposal for a directive on combating violence against women and domestic violence includes the extension of the list of EU crimes under Article 83(1) TFEU to include gender-based violence; whereas such an extension is not justified in the light of the limited cross-border nature of most forms of gender-based violence; whereas this extension would undermine the principle of subsidiarity by shifting core criminal law competences from the Member States to the EU;

D. whereas on 16 September 2021, Parliament adopted a resolution on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU; whereas the calls contained therein for an EU-wide adaptation of criminal law definitions, in particular with regard to rape, interfere with the competences of the Member States in the field of criminal law; whereas the determination and designation of criminal offences, including the definition of rape, must be carried out in line with the respective national legal systems and the principles of the rule of law; whereas any extension of EU competences to new areas of crime requires strict scrutiny with regard to the principles of subsidiarity and proportionality;

E. whereas Article 84 TFEU provides that Parliament and the Council may adopt measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States; whereas any Union action in this field must strictly comply with the principle of conferral of powers and the principle of subsidiarity, thereby explicitly preserving the primary competence of the Member States for criminal law and crime prevention;

F. whereas the EU acceded to the Istanbul Convention in 2023 for areas falling within its exclusive competence, without all Member States having ratified it, and whereas this cannot justify extending EU competences beyond those conferred by the Treaties;

G. whereas paragraph 193 of the Explanatory Report to the Istanbul Convention leaves it to the Parties to determine the exact wording of their legislation, thereby leaving the precise formulation to national legislatures and legal traditions;

H. whereas in accordance with Article 1 of Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion of the Istanbul Convention, the EU remains solely responsible for the implementation of the provisions of the Convention in relation to matters concerning judicial cooperation in criminal matters, insofar as these fall within its exclusive competence, without prejudice to the competence of the Member States in these matters;

I. whereas the EU gender equality strategy 2020-2025 calls for comprehensive sexual education promoting consent awareness; whereas matters such as sexual education remain primarily within the competence of the Member States and the EU lacks any harmonisation competence in the field of education; whereas no attempt should be made to promote comprehensive sexual education at EU level beyond the EU’s supporting role;

J. whereas legislation must provide for aggravating circumstances, including, for example, the age of the victim, the relationship between victim and perpetrator, the use or threat of physical violence, the presence of multiple perpetrators, and serious physical or mental consequences for the victim; whereas sentences must be enforced effectively and efficiently, including through the deportation of non-European sexual offenders convicted within the territory of the EU, whereby prison sentences should be served in the country of destination in order to ensure the effective enforcement of justice and the protection of victims; whereas such offenders should be subject to a permanent ban on re-entry into the European Union, in order to safeguard public security and the protection of potential victims;

K. whereas criminal proceedings in cases of sexual violence require a careful and balanced assessment of evidence, taking into account all the circumstances; whereas both the protection of victims and the safeguarding of fundamental principles of the rule of law, in particular the presumption of innocence and the right to a fair trial, must be ensured; whereas public confidence in law enforcement and judicial systems can be strengthened through transparent procedures, legal certainty and the proper application of existing legal provisions;

L. whereas shifting the legal focus from objective elements of the offence to a broad and abstract notion of consent generates significant legal uncertainty, expands judicial discretion, and increases the risk of inconsistent or contradictory rulings; whereas this approach may also affect the principle of the presumption of innocence guaranteed under Article 48 of the European Convention on Human Rights;

M. whereas according to the EU Fundamental Rights Agency and the European Institute for Gender Equality, 17.2 % of women in the EU have experienced sexual violence, including rape and other unwanted sexual acts, and 1 in 20 women has been raped, with use of force, since the age of 15;

N. whereas a significant and disproportionately high share of sexual offences in the EU is committed by non-European perpetrators, and whereas this phenomenon is linked to the substantial migration flows to the EU since 2015 and the low return rate of around 20 % for asylum seekers, some of whom are protected under the principle of non‑refoulement, thereby underlining the need for effective migration control, a temporary suspension of asylum, and a marked increase in the enforcement of returns;

O. whereas the high-profile incidents during New Year’s Eve 2015 in Cologne, in which mass sexual assaults occurred, were predominantly committed by non-European perpetrators, and whereas comparable incidents are occurring with increasing frequency, thereby revealing deficiencies in the areas of migration management and internal security and constituting a serious risk, particularly for women; whereas the safeguarding of public security requires the consistent application and strengthening of current legal instruments;

1. Considers that rape and sexual violence constitute serious crimes and that victims must receive the necessary support; considers, furthermore, that the penalties imposed on perpetrators must likewise be enforced effectively and efficiently;

2. Stresses that the offence of rape does not, as a rule, constitute a form of cross-border crime within the meaning of Article 83(1) TFEU, and emphasises that an extension of this provision to include the offence of rape risks a gradual erosion of Member States’ criminal law competences through the incremental transfer of powers at the expense of national sovereignty;

3. Reiterates that although the European Union ratified the Istanbul Convention in 2023, it must be taken into account that the EU, as a supranational organisation, does not constitute a state and therefore may only assume international legal obligations within the limits of the competences conferred upon it by the Member States;

4. Stresses that the determination and designation of criminal offences, including the definition of rape, must be carried out in accordance with the respective national legal systems and the principles of the rule of law;

5. Calls on the Member States to take measures at national level aimed at significantly reducing the proportion of women in the European Union who have experienced sexual violence, including rape and other unwanted sexual acts, currently estimated at 17.2 %, as well as the proportion of women who have experienced rape involving the use of force since the age of 15, estimated at 1 in 20;

6. Calls on the Member States to achieve this objective by ensuring effective migration management, by strengthening controls of the Schengen area’s external borders, and by increasing the currently low return rate of around 20 % for asylum seekers towards a rate approaching 100 %, with a view to its substantial improvement;

7. Stresses the need to ensure the immediate deportation of non-European sex offenders convicted within the territory of the Union and to impose a lifetime entry ban on them;

8. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

Or.en