Harmonising the classification of sexual offences and establishing a common definition of rape
27.4.2018
Question for written answer E-002370-18
to the Commission
Rule 130
Beatriz Becerra Basterrechea (ALDE)
Sexual offences are classified differently in different Member States. Distinguishing between different criminal offences is also approached in an uneven manner from a legislative point of view.
In nine Member States, the most serious of these offences, like rape and sexual assault, are deemed to have occurred when there is a lack of consent. In others, such as Spain, for this offence to have taken place there must have been violence or intimidation. This definition gives rise to ambiguous situations and a lack of protection for some victims who see the perpetrators of the crimes against them escaping with shorter sentences when these factors are not present. What is more, this conflicts with the provisions of the Council of Europe Convention on preventing and combating violence against women (Istanbul Convention).
According to data from the Council, one in twenty European women has been a victim of rape. In 2016, 10 844 sexual offences were recorded in Spain.
In light of these facts and bearing in mind that the EU has acceded to the Istanbul Convention, through a Council decision:
- 1.What steps will the Commission take to ensure that the definition of rape by Member States is consistent with the Istanbul Convention, with the decisive factor being lack of consent?
- 2.Does it not believe it necessary to adopt an initiative to harmonise the criteria for classifying sexual offences?