In the wake of the notorious Gisèle Pelicot case and similar scandals, a report overwhelmingly approved by the European Parliament called on the European Commission and all member states to adopt a uniform definition of rape based on “freely given, informed, and revocable consent.” Some European states still maintain a requirement to show use of force or intimidation. Silence, lack of resistance, the absence of a “No”, previous consent, and relationship status cannot be interpreted as consent. While this move is welcomed by women’s advocates for making sexual assault easier to prove, some gay activists express concern that strict application of a requirement for explicit verbal consent would problematize much activity that takes place in voluntarily entered sex venues such as darkrooms and saunas.
More Expansive Definition of Rape by European Parliament
