Activists urge France to endorse consent-based rape definition in the European Union
November 26, 2023 | by b1og.net
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In an effort to combat sexual violence and promote women’s rights, activists are calling on France to endorse a consent-based definition of rape within the European Union. Demonstrators wearing masks depicting President Emmanuel Macron gathered in Paris to urge the French government to support a proposed law by the European Commission, which aims to standardize rape legislation across the bloc. While some EU countries already use consent-based definitions, many others still require proof of force or threat to establish the occurrence of rape. France, among other nations, argues that the matter should be addressed as part of criminal law within individual member states. This article explores the ongoing debate surrounding the definition of rape in the European Union and the potential impact of a consent-based approach.
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Activists call on France to endorse consent-based rape definition in the European Union
Activists wearing masks depicting President Emmanuel Macron have urged France to change its position and endorse a law proposed by the European Union that would define rape as sex without consent in the bloc’s 27 countries. The demonstrators gathered in Paris on the eve of International Day for the Elimination of Violence against Women to apply pressure on the French head of state. The European Commission, the EU’s executive arm, proposed legislation last year to make consent-based rape laws consistent across the bloc and to introduce a common set of penalties. However, the definition of rape based on lack of consent remains deeply divisive among member countries.
The European Commission proposed legislation to make consent-based rape laws consistent across the EU
The proposed legislation by the European Commission aims to harmonize consent-based rape laws across the European Union. The directive also includes proposals for the criminalization of other forms of violence against women, such as female genital mutilation and cyberbullying. While there seems to be a consensus among member countries on other aspects of the directive, the definition of rape based on lack of consent remains a contentious issue. The European Commission’s goal is to establish a unified and consistent definition of rape across all 27 member states of the European Union.
13 EU member states currently use consent-based definitions to criminalize rape
Currently, only 13 out of the 27 EU member states use consent-based definitions to criminalize rape. Many member states still require the use of force or threat to define rape, which activists argue does not adequately consider consent. In France, for example, rape is defined as an act of sexual penetration or oral-genital act committed with violence, coercion, threat, or surprise. Activists argue that this definition fails to fully acknowledge the importance of consent in defining rape. They believe it is crucial for all EU member states to adopt consent-based definitions to ensure equal protection for all women in Europe.
Activists argue that French law does not adequately consider consent in defining rape
Criminal law attorney Sirine Sehil criticizes the current French law for not taking into account the concept of consent and the will of the victim. Activists highlight the need for legal recognition of consent in defining rape. They argue that the existing definition, which includes elements such as violence, coercion, threat, or surprise, fails to prioritize the importance of consent in determining whether an act constitutes rape. Advocates for a consent-based definition believe that consent should always be at the center of any legal understanding of rape.
The Paris action is organized by groups such as Avaaz and the European Women Lobby
The action in Paris, calling on France to endorse the consent-based rape definition, is organized by various activist groups, including Avaaz and the European Women Lobby. These organizations collaborate to put pressure on France and advocate for greater protection of women’s rights in the European Union. By raising awareness and organizing demonstrations, these groups aim to highlight the importance of consent and urge France to support the proposed legislation.
France argues that rape is a matter of criminal law and falls within the competence of member countries
France, along with some other EU countries, argues that the issue of defining rape should be determined by individual member countries and falls within the competence of each country’s criminal law system. France acknowledges the need to tackle violence against women and has taken steps to strengthen its own laws on rape and sexual misconduct. However, the country maintains that the definition of rape should remain a national matter rather than a standardized definition across the European Union.
France has taken steps to toughen punishment for rape but activists say more needs to be done
In recent years, France has taken steps to increase the punishment for rape and sexual misconduct. The country has set the age of consent at 15 and has introduced measures to strengthen its laws on sexual violence. However, activists argue that more needs to be done to address violence against women effectively. They believe that endorsing the consent-based rape definition proposed by the European Union would be a crucial step towards ensuring justice and protection for victims of rape.
Human Rights Watch calls on France to meet international human rights obligations
Human Rights Watch has sent a letter to French government officials urging them to take action on the rape definition issue. The organization calls on France to meet its international human rights obligations and to lead the European Union in the fight against violence against women and girls. While recognizing that France aims to protect women’s rights and combat violence, Human Rights Watch emphasizes the need for France to align itself with other EU member states that have already amended their criminal laws to include consent-based definitions of rape.
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Spain has already passed a sexual consent law, but its implementation has faced criticism
Spain passed a sexual consent law last year, which was seen as a trailblazing move for victims’ rights in Europe. However, the implementation of the law has faced criticism, as it inadvertently led to reduced prison terms for hundreds of sexual offenders. The ongoing criminal investigation at the country’s top court over a non-consensual kiss further highlights the challenges faced in implementing the law effectively. The experience of Spain serves as a reminder of the complexities and potential pitfalls associated with changing rape laws and ensuring appropriate punishment for offenders.
European lawmakers push for continent-wide adoption of non-consensual sex as rape definition
European lawmakers are advocating for the continent-wide adoption of non-consensual sex as the definition of rape. They argue that a harmonized definition is crucial to ensure equal protection for all women across the European Union. The current discrepancies in definitions and punishments for rape among member countries undermine efforts to combat violence against women effectively. By establishing a continent-wide consensus on consent-based definitions of rape, European lawmakers believe that all victims will have equal access to justice and that the fight against violence will be more unified and effective.
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