The member states of the European Union (EU) adopted on Tuesday May 7 the first European legislation intended to combat violence against women, a text which however excludes rape, due to lack of agreement on a common definition.

The directive already received the green light from the European Parliament in April. This formal adoption by the Council of the EU (representing the Twenty-Seven) is the final legislative step. This text criminalizes at European level female genital mutilation, forced marriage, non-consensual sharing of intimate images and even cyberharassment. It sets minimum sentences ranging from one year to five years in prison, depending on the crime.

The directive provides for aggravating circumstances, for example when the victim is a child, or a spouse or ex-spouse, which result in heavier penalties. It also aims to facilitate the reporting of violence to the competent authorities. “This law will guarantee, at EU level, that perpetrators [of violence] will be severely punished and that victims will receive all the support they need,” commented Belgian Justice Minister Paul Van Tigchelt , whose country holds the presidency of the Council of the EU.

Disagreements over the definition of rape

The text has been the subject of intense discussions for months, in particular on the question of the legal definition of rape, which differs between EU countries. The project, as presented in March 2022 by the European Commission, provided in Article 5 for a definition of rape based on the absence of consent. The European Parliament and countries like Belgium, Greece, Italy, Luxembourg and Sweden were on the same line.

But a dozen member states, notably France, Germany and Hungary, were opposed to the inclusion of rape in the legislation, believing that the EU has no competence in the matter and that the text risked to be rejected by European justice in the event of an appeal.

“We would have liked this directive to be a little more ambitious,” admitted the Spanish Minister for Equality, Ana Redondo, on Tuesday, arriving at a meeting in Brussels. However, she said the legislation was “a good starting point.” Member countries will have three years to transpose the directive into their national legislation.