Mad Prime Special Europe: Definition of rape, when will there be a European consensus?

On 6 February the European Union adopted a first directive on sexual and gender violence, after weeks of negotiations. The purpose of this directive? Harmonize member countries’ criminal responses to genital mutilation, forced marriage, disclosure of intimate videos and online harassment inflicted on women and girls. Although there was once talk of adopting a common European definition of rape based on lack of consent, some countries, including France, have opposed it.

Transforming (non-)consent into law

In French law, rape is a crime defined by articles 222-23 of the Penal Code. It constitutes a rape “Any act of sexual penetration, of any nature, or any oral-genital act committed on the person of another or on the person of the offender by violence, coercion, threat or surprise ».

Does this definition not resonate with the experiences of victims? Perhaps, if we are to believe the data from the High Council for Equality: today 80% of rape complaints lodged end without any action. On December 12th an article was published in the columns of World called for an imperative revision of the legal framework on rape to include the notion of non-consent. “It is urgent to redefine rape as a criminal law, the definition of which, in France, presupposes implicit consent” he then supported the signatories. Since then, two legislative proposals in this direction have been presented, first by environmentalist senator Mélanie Vogel, then by the LFI group, complemented by a parliamentary information mission launched on the initiative of the women’s rights delegation of the National Assembly.

However, the possible introduction of the notion of consent into criminal law is not unanimous. In an interview given to Publicationthe former minister in charge of equality between women and men, Bérangère Couillard, expressed concern that by integrating the notion of consent into the law, “let’s go back to focusing on the victim, on his behavior, rather than on the executioner” AND “We receive even fewer sanctions”.

See you on Thursday 7 March from 7pm on Madmoizelle’s Twitch channel

Are Bérangère Couillard’s fears well-founded? Should we, on the contrary, review the law? Is it urgent to obtain a European consensus on the topic? What can we learn from the divergent views of member countries?

To talk about it, Elisa Covo, social journalist, will receive Ynaée Benaben, co-founder and general director of the association Forwardwhich works for gender equality and the fight against violence against women, Marie-Charlotte Garinenvironmentalist deputy and co-rapporteur of the parliamentary mission that questions the criminal definition of rape; maestro Élodie Tuaillon-Hibonlawyer engaged for fifteen years in the defense of victims of gender and sexual violence; Emmanuelle H.activist, member of the national coordination of the feminist collective NousToutes and co-leader of the advocacy action group on consent and Juliette Dupuis CarleI photograph.

MadPrime – Europe Special

Definition of rape: when will there be a European consensus?

Program hosted by Elisa Covo, corporate journalist from to miss,

in collaboration with Check’Europe.

co-financed by the Erasmus+ programme.

Thursday 7 March from 7pm to 8.30pm on the chainMadmoizelle’s Twitch

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