Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 11 Mar 2026
on the importance of consent-based rape legislation in the EU
To · adopted text· 28 Apr 2026
Importance of consent-based rape legislation in the EU
AI:What changed, in short
Adds a definition of rape culture and makes training for professionals mandatory, extending it to all legal professionals and law enforcement staff.67 The other changes are formal: corrected punctuation and removed footnote markers.1234
2 changes of substance · 5 formal · 0 of wording only
Written by AI from the two texts only · read the changes before relying on it · 4 Sept 2026 · Report a problem
Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.
Changes of substance · 2
Change 6 Substance
AI summary:Adds a new recital defining rape culture and renumbers the existing recital on secondary victimisation.
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Removed:AM. whereas the high prevalence of secondary victimisation shows the profound failure not only of justice systems, but also of outdated laws that are not based on consent, to provide survivors with access to justice17, as evidenced by the low reporting rates among victims, the lack of assistance in line with their needs, the availability of accessible procedures and the low conviction rates in rape cases, which highlight systematic deficiencies in the way law enforcement authorities and judicial systems address cases of rape, resulting, in turn, in a widespread societal sense of impunity for the crime of rape and constituting a serious impairment to gender equality;
Added:AM. whereas rape culture is defined as a structural and widespread system of attitudes, behaviours, values and social norms that normalise and trivialise sexual violence, undermine consent, perpetuate rape myths, and foster the societal normalisation of such violence;
Added:AN. whereas the high prevalence of secondary victimisation shows the profound failure not only of justice systems, but also of outdated laws that are not based on consent, to provide survivors with access to justice, as evidenced by the low reporting rates among victims, the lack of assistance in line with their needs, the availability of accessible procedures and the low conviction rates in rape cases, which highlight systematic deficiencies in the way law enforcement authorities and judicial systems address cases of rape, resulting, in turn, in a widespread societal sense of impunity for the crime of rape and constituting a serious impairment to gender equality;
Change 7 Substance
AI summary:Adds 'mandatory' to the training requirements and extends the call to secure mandatory training for all legal professionals and law enforcement staff.
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Changed:16. Calls on the Member States to ensure that professionals who are likely to come into contact with rape victims, including law enforcement officers, forensic medical personnel, court staff, judges and prosecutors, lawyers, healthcare professionals, social services employees, educational and other relevant staff and frontline professionals, receive mandatory, regular, adequate, effective and tailored training; stresses that this training should be aimed at preventing the secondary victimisation of the survivors in order to avoid and identify harmful gender stereotypes, eliminate victim-blaming behaviours and attitudes and treat victims in a trauma-, gender-, child- and disability-sensitive manner, in line with Article 36 of Directive (EU) 2024/1385 and without prejudice to judicial independence and differences in the organisation of the judiciary across the EU; calls on the Commission to expand EU-supported training programmes aligned with judicial best practice and calls on the Member States to ensure that frontline services have the capacity and resources to respond effectively to the needs of victims and survivors;survivors by securing mandatory training for all legal professionals and law enforcement staff in contact with victims of rape;
5 formal changes: legal basis, citations, references, corrections
Change 1 Formal
AI summary:Replaces decimal comma with decimal point in the percentage and corrects the age range punctuation.
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Changed:F. whereas according to FRA and EIGE, 17.217,2 % 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 158;15; whereas according to FRA, violence against LGBTIQ+ people has increased in recent years, with trans women being disproportionately exposed to physical and sexual violence; whereas LGBTIQ+ persons also suffer sexual violence because of their gender, gender identity, gender expression and sex characteristics; whereas the annual estimated cost of gender-based violence in the EU is EUR 366 billion;
Change 2 Formal
AI summary:Removes footnote markers and corrects punctuation in the text.
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Changed:I. whereas all the Member States have signed the Istanbul Convention but five have yet to ratify it9;it; whereas of these, only two have recently reformed their legislation to give consent a central role in defining the crime of rape10;rape; whereas since the entry into force of the Istanbul Convention, 16 Member States have amended their legislation to incorporate or make more explicit the notion of consent as a constitutive element of the crime of rape; whereas the EU acceded to the Convention in 2023 for areas under its exclusive competence; whereas the Istanbul Convention’s provision on a consent-based definition of rape has been a turning point for legal reform, marking a shift from the traditional approach whereby the definition of rape implies the assumption of violence; whereas in its Fundamental Rights Report 2025, the FRA states that the Member States that have ratified the Istanbul Convention should criminalise sexual violence using consent-based definitions of rape and other forms of sexual violence;
Change 3 Formal
AI summary:Removes footnote markers and corrects punctuation in the text.
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Changed:J. whereas the ECtHR has played a pivotal role in shaping the modern understanding of rape under human rights law, notably through its 2003 landmark judgment in MC v Bulgaria, where it established the positive obligation of states to enact criminal law provisions to effectively investigate and punish rape, found that requiring proof of physical resistance from the victim risks leaving certain types of rape unpunished and fails to protect sexual autonomy as required under Articles 3 and 8 ECHR, and held that these articles require the penalisation and effective prosecution of any non-consensual sexual act, including in the absence of physical resistance; whereas subsequent ECtHR judgments, such as those handed down in JL v Italy (2021) and X v Cyprus (2025)11,(2025), have condemned the use of victim-blaming arguments and stereotypes in judicial proceedings, finding that such practices constitute a violation of the right to respect for private life under Article 8 ECHR, and perpetuate prejudice and hinder access to justice for survivors of sexual violence; whereas the ECtHR established, in its judgment in HW v France12,France, that any non-consensual sexual act constitutes a form of sexual violence; whereas in its judgment in L and Others v France13,France, the ECtHR interpreted Articles 3 and 8 ECHR as requiring parties to the ECHR to have criminal law systems capable of punishing non-consensual sexual acts;
Change 4 Formal
AI summary:Removes footnote marker and corrects punctuation.
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Changed:N. whereas the term ‘sexual exploitation’ in Article 83(1) TFEU is not limited to trafficking alone, as such a narrow interpretation would unjustly confine ‘trafficking in human beings and sexual exploitation of women and children’ to trafficking offences; whereas the wording and legislative practice, including the Child Sexual Abuse Directive14,Directive, show that ‘sexual exploitation’ covers a broader range of offences, including sexual abuse; whereas sexual exploitation commonly refers to the unjust use of another person for sexual benefit, involving victim vulnerability, which is central to the crime of rape;
Change 5 Formal
AI summary:Removes footnote markers and corrects punctuation.
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Changed:Q. whereas many Member States15States and a number of other European countries16countries have already introduced consent-based definitions of rape in their criminal codes, which has resulted in more efficient prevention, reporting and prosecution of sexual abuse crimes and has increased public awareness;