Only three Member States classify rape based on lack of consent.

Error detected

The claim that only three EU Member States classify rape based on lack of consent is factually incorrect. According to multiple authoritative sources, by 2024-2025, approximately 20 EU Member States had consent-based definitions, with the wave of reforms starting after 2017.

Omissions

• The MEP appears to be using outdated data. According to the European Parliament Research Service analysis from May 2025, a majority of EU Member States now define rape based on lack of consent. The 'only three' figure may have been accurate decades ago but is no longer correct.
• The Amnesty International report from April 2026 notes that 8 countries had consent-based definitions in 2016, and 13 more adopted them subsequently, totaling 21 EU Member States with consent-based definitions.
• The European Women's Lobby analysis indicates that only 11 EU Member States still retain definitions based on force or coercion rather than consent.

Sources

• PrimaryEuropean Parliament Research Service (EPRS) - In-depth analysis: Definitions of rape in the legislation of EU Member StatesThe EPRS analysis from May 2025 is cited as the authoritative source on definitions of rape in EU Member States, referenced in multiple European Parliament press releases dated April 2026. The analysis supports the position that the vast majority of EU Member States have moved toward consent-based definitions.
• AcademicScienceDirect - The wave of consent-based rape laws in EuropeStudy shows consent-based rape laws spread from seven to 20 European jurisdictions after 2017, demonstrating a significant wave of legal reform across Europe toward consent-based definitions.
• SecondaryAmnesty International - Consent-based definition of rape in EU lawIn 2016, only 8 countries had consent-based legal definitions of rape. Since then, 13 more countries have adopted consent-based laws, bringing the total to 21 EU Member States with consent-based rape definitions.
• SecondaryEuropean Women's LobbyThere are 11 EU Member States that still retain definitions on rape based on the use of force, coercion or threat, implying that 16 EU Member States have moved to consent-based definitions.