The Czech government on Wednesday approved a proposal to change the definition of rape and introduce a “no means no” principle, although it still needs to be approved by parliament.
If the proposal receives the green light, the criminal offence of rape would no longer be based on the concept of rape as forced sexual intercourse but on that of non-consensual sexual intercourse.
According to the proposal, non-consent can be expressed not only verbally, but also by gestures, crying or adopting a defensive position. It also takes into account the defencelessness of the victim, where the victim is unable to express or form his or her will for an objective reason – due to illness, sleep, mental disorder, severe intoxication, physical restraint or medical disability.
Followed by a long expert discussion on the matter, proposed changes have already been the subject of a long expert discussion and political debate.
“This is a step, not a hasty jump, in the right direction. I thank the representatives of the coalition and the opposition and many others for listening to each other and agreeing on the proposal on the table. It has a chance of gaining a lot of support in the Chamber of Deputies,” Justice Minister Pavel Blažek (ODS, ECR) wrote on X.
Czech Pirate Party (Greens/EFA), member of the five-party governing coalition, originally advocated for a definition of rape based on lack of consent, following the example of 13 other European countries.
“A definition based on lack of consent would be a simpler solution because we would not have to list situations in the definition of defencelessness. However, the proposal approved by the government today, a definition based on lack of consent with a well-defined defencelessness, is an acceptable compromise that has cross-party support and, above all, will improve the situation for victims,” said Pirate MP Klara Kocmanová.
According to the Czech News Agency, 16 European countries have agreed to change the definition of rape in recent years.
Malta, Croatia, Cyprus, Greece, Spain, Slovenia and Croatia apply the ‘yes means yes’ approach, which criminalises behaviour that does not actively seek consent from the other party.
Latvia, Denmark, Luxembourg, Belgium, Germany and Sweden, on the other hand, apply the ‘no means no’ approach, which criminalises behaviour against victims who refuse sexual intercourse.
France and Austria maintain a definition of rape based on the use of violence or threats.
(Aneta Zachová | Euractiv.cz)
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Source: euractiv.com
