Map of consent-based and coercion-based sexual violence legislation in Europe. (See also Sexual consent in law).
  Coercion-based sexual violence legislation
  Coercion-based sexual violence legislation; consent-based amendment pending
  Consent-based sexual violence legislation
  Mixed sexual violence legislation; rape without coercion is a lesser crime[a]
Own work. Main sources:

Right to be free from rape. Overview of legislation and state of play in Europe and international human rights standards. Amnesty International (24 November 2018). Retrieved on 30 April 2020.
Koljonen, Camilla (15 July 2019). How is consent-based legislation on rape providing more protection for individuals in comparison to coercion-based legislation? - Comparison between Finland and Sweden. Maastricht University. Retrieved on 29 April 2020.Other sources:

Albania: Section 6 of the Criminal Code of the Republic of Albania is devoted to sexual crimes. Of all Articles 100 to 108a, only 102 mentions consent in passing: "Engagement in sexual activity by use of force with adult females or between spouses or cohabitants, without the consent of either of them, shall be punishable by three to ten years imprisonment."[2] GREVIO's November 2017 report interpreted this to mean: "The use of force is a constituent element of the crime of rape with an adult women defined in Article 102, except in cases of rape between spouses or cohabitants where the offence is based on the absence of consent. The possibility of freely given consent is precluded, without the requirement of the use of force, only in cases of exploitation of physically or mentally disabled persons, intimidation with the use of a weapon or abuse of a position of authority or trust. (...) Albania's provision on rape is thus a force-based definition and falls short of the [Istanbul] Convention's requirements."[3]
Andorra: Andorra's Penal Code articles 144–149 define "sexual aggression" on the basis of "violence or intimidation", except Article 147, which stipulates scenarios in which people are deemed incapable of consenting. Andorrese law thus does not recognise freely given consent, and has a coercion-based approach to sexual violence.[4][5]
Armenia: Article 138 of the Criminal Code of Armenia defines "rape" as "sexual intercourse of a man with a woman against her will, using violence against the latter or some other person, with threat thereof, or taking advantage of the woman’s helpless situation". Article 139 defines "violent acts of sexual nature" as "Homosexual, lesbian or other sexual actions against the aggrieved, by using force against the latter or other persons, or threat of using force, or by taking advantage of the aggrieved person’s helplessness".[6]
Azerbaijan: Article 149 of the Criminal Code of Azerbaijan defines "rape" as "the sexual relations with application of violence or with threat of its application to the victim either to other persons, or with use of a helpless condition of the victim".[7]
Belarus: Chapter 20 of the Criminal Code of Belarus (13 May 2022 revision), covering Articles 166–171, criminalises various sexual acts in combination with coercion ('against the will of the victim with the use of violence or the threat of its use, or using the helpless state of the victim', or 'by means of blackmail, threat of destruction, damage or seizure of property, or using official, material or other dependence of the victim'), or in combination with the other person's age being below 16.[8]
Bosnia and Herzegovina: The 2010 Criminal Code of Bosnia and Herzegovina only mentions rape and sexual violence in the context of armed conflicts, namely in Article 172 "Crimes against Humanity", being 'a widespread or systematic attack directed against any civilian population' (Article 172(1)g: "Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape), sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity") and Article 173 "War Crimes against Civilians" (Article 173(1)e: "Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution...").[9]Federation of Bosnia and Herzegovina: In the August 2003 Criminal Code of the Federation of Bosnia and Herzegovina, Article 203 "Rape" states: "Whoever coerces another by force or by threat of immediate attack upon his life or limb, or the life or limb of someone close to that person, to sexual intercourse or an equivalent sexual act, shall be punished by imprisonment for a term between one and ten years." Article 204 "Sexual Intercourse with a Helpless Person" is defined by "taking advantage of that person's mental illness, temporary mental disorder, infirmity or any other state of that person which makes him incapable of resisting", Article 205 adds "sexual intercourse by abuse of position", and Article 206 adds "forced sexual intercourse by serious threat of serious harm".[10]
Republika Srpska: Article 165 "Rape": "Whoever coerces another person into a sexual intercourse or any other equivalent sexual act by force or threat of immediate attack upon life or limb, or the life or limb of someone close to that person, shall be punished by imprisonment for a term between three and ten years." Articles 166–168 add blackmail, helpless state and abuse of position as other means of sexual coercion.[11]
Cyprus: Parliament amended the Cypriot Penal Code on 30 October 2020 by expanding the definition of rape and attempted rape (article 144), criminalising it in six different circumstances (article 146), and increasing the standard or maximum penalty for most of these sexual offences to life imprisonment (articles 144 and 145).[12][13][14]
Denmark: On 17 December 2020, paragraphs 216 and 228 of the Danish Penal Code were amended with a consent-based rape provision, which made having intercourse with a person who did not consent punishable by up to 8 years imprisonment. The amendment, which doesn't apply to Greenland and the Faroe Islands, went into effect on 1 January 2021.[15][16]Greenland and Faroe Islands: As an autonomous country within the Kingdom of Denmark, Greenland originally had the same Criminal Code as Denmark itself, but since 1954, Greenlandic legislation and jurisprudence have developed autonomously from Denmark. The two most important provisions on rape in Greenland's Criminal Code are Article 77 and Article 216, both of which establish coercion (either by "violence or threat of violence", "unlawful coercion", or inability to resist) as a constituent element of "rape".[17] On 1 January 2021, paragraphs 216 and 228 of the Danish Penal Code were amended with a consent-based rape provision, but these amendments did not apply to Greenland and the Faroe Islands.[16]
France: Since 15 April 2021, all sex with a person under age 15 is statutory rape, but in the case of adult victims (15 years and older), violence, coercion, threat or surprise still needs to be proven for a rape conviction.[18][19]
Georgia: Articles 137–141 of the Criminal Code of Georgia, as amended on 22 December 2016, are all coercion-based. "Rape" (Article 137) is defined as "a sexual intercourse by use of violence, threat of violence or abusing the victim's helpless condition", other sexual acts (Article 138) have the same force-based conditions, Article 139 adds "threatening to spread the defamatory information or to damage property, or by using material, official or other kind of dependence", and Articles 140 and 141 add being below the age of 16.[20]
Greece: Article 336 was modified to include a consent-based definition of sexual violence, and included in the new Greek penal code on 6 June 2019. Article 336 went into effect on 1 July 2019, giving Greece mixed legislation: sexual acts committed by force of coercion shall be punished by imprisonment of at least ten years (τουλάχιστον δέκα ετών) (art. 336.1 Greek Penal Code); sexual acts committed without consent, and without force or coercion, shall be punished by imprisonment of up to ten years (έως δέκα έτη) (art. 336.4 Greek Penal Code).[21][22]
Kazakhstan: Articles 120–123 of the 2014 Criminal Code of Kazakhstan, as amended on 19 April 2019, are all coercion-based. Rape (Article 120) is defined as "sexual connection using violence or with threat of its application to the victim or to other persons or with use of helpless condition of the victim", other sexual acts (Article 121) have the same force-based conditions, Article 123 adds "blackmail, threat of destruction, damage or withdrawal of property or with use of material or other dependence of the victim", and Article 122 adds being below the age of 16.[23]
Liechtenstein: Article 200 "Rape" of the Liechtenstein Criminal Code states: "Whoever coerces a person by force, by deprivation of personal liberty or by threatening imminent danger to life or limb (section 89) to perform or tolerate intercourse or a sexual act equivalent to intercourse shall be punished with imprisonment from one to ten years."[24]
Luxembourg: Penal Code Article 375 (adopted 16 July 2011) states that 'any act of sexual penetration (...) upon a person who does not consent to it, especially through the use of violence or grave threats (...) constitutes rape'. Lack of consent thus defines the crime; coercion is not required, but should be taken into account if present.[25]
Moldova: Article 171: "Rape, i.e. sexual intercourse committed by the physical or mental coercion of the person, or by taking advantage of the victim's incapacity to defend himself/herself or to express his/her will shall be punished by imprisonment for 3 to 5 years." The victim is thus not required 'to express his/her will', but merely to have the capacity to do so. Articles 172 and 173 outlaw various other sexual acts committed with the use of '(physical or mental) coercion', and Article 174 bans all sexual acts with a person below the age of 16; no reference is made to consent.[26]
Monaco: The Criminal Code of Monaco explicitly criminalises marital rape, but not raping one's former spouse, nor other forms of sexual violence regardless of present or past relationship between victim and perpetrator. Monegasque law does not recognise freely given consent. It characterises "rape" "by the use of violence, coercion, intimidation or surprise, while indecent assault perpetrated or attempted against an adult requires use of violence".[27]:30
Montenegro: 'Paragraph 1 [of Article 204 of the Montenegrin Criminal Code] criminalises “anyone who performs sexual intercourse or a sexual act of equivalent nature without the person’s consent”. (...) Non-consensual sexual acts of a lesser nature seem to be, in principle, criminalised by Article 208.'[28]
North Macedonia: The Criminal Code of [North] Macedonia of 16 November 2017, Article 186 "Rape", states: "Whosoever, by the use of force or threat to directly attack upon the life or body of another or upon the life or body of someone close to that person, forces him to intercourse, shall be sentenced to imprisonment of three to ten years." Articles 187–189 define "sexual assault" by abusing someone's helplessness, abusing one's own position, or the other person being under 14 years of age, as other means of sexual coercion.[29]
Russia: Criminal Code of Russia Article 131 states: 'Rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or with the use of the helpless state of the victim.'[law 1]
San Marino: Articles 171–173 of the San Marinese Criminal Code describe sexual violence in terms of "forcing or deceiving a person into committing sexual acts by using violence, threats or suggestion, including hypnotic suggestion". Penetration, the existence of marriage, cohabitation or an emotional relationship between victim and perpetrator, the victim having disabilities, or the perpetrator abusing their position over the victim, all count as aggravating circumstances. People below the age of 14 are deemed incapable of consenting, but a lack of freely given consent for adult people deemed capable of consenting plays no role in San Marinese law.[30]
Serbia: "Rape (Raping) is defined in Article 178 by the use of force or threat of direct attack against the body of another person and punished with imprisonment from two to ten years."[1][31]
Slovenia: consent-based definition of rape in Criminal Code Article 170 since 4 June 2021.[32][33][34][35][36]
Spain: The Law for the Comprehensive Guarantee of Sexual Freedom (Spanish: Ley de Garantía Integral de la Libertad Sexual), better known as the 'only yes is yes law' (Spanish: ley del solo sí es sí), will enter into force on 7 October 2022.[37]
Switzerland: As of January 2021, victims need to resist in order to prove rape has occurred, otherwise perpetrators can only be convicted of 'sexual harassment'.[38]
Turkey: Article 102 – (Amended on 18 June 2014 – By Article 58 of the Law no. 6545) defines sexual assault as 'Any person who violates the physical integrity of another person, by means of sexual conduct'.[law 2]:39 According to a 2018 GREVIO report on Turkey, this definition was consent-based, because paragraph 2 stipulates that 'the use of force might entail the additional liability for felonious injury. It is not, therefore, a constituent element of the offence of sexual violence.' Article 102 also recognises marital rape. GREVIO hailed this as a major improvement over the previous coercion-based law, but noted the need to reform ways to prosecute marital rape via means other than only the victim's complaint.[39]:77
Ukraine: As of August 2022, Article 152 of the Criminal Code of Ukraine states: 'Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances.'[40] Article 152(1) stipulates: 'Committing sexual acts involving vaginal, anal or oral penetration into the body of another person using the genitals or any other item, without the voluntary consent of the victim (rape) – shall be punishable by imprisonment for a term of three to five years.'[40] Article 153(1) stipulates: 'Committing any sexual violence, not related to the penetration into another person's body, without the voluntary consent of the victim (sexual violence) – shall be punishable by imprisonment for a term of up to five years.'[40] Paragraph 4 of both articles determines that people below the age of 14 are deemed incapable of consenting, and that punishment for the perpetrator in such cases is more severe.[40] These consent-based definitions were introduced on 6 December 2017 as part of a package of amendments to implement the Istanbul Convention in Ukraine.[41]
Vatican City / Holy See (canon law of the Catholic Church): Canon 1395 §3. 'A cleric who by force, threats or abuse of his authority commits an offence against the sixth commandment of the Decalogue or forces someone to perform or submit to sexual acts is to be punished with the same penalty as in § 2 [i.e. punished with just penalties, not excluding dismissal from the clerical state if the case so warrants].'[42][43]
↑ Right to be free from rape. Overview of legislation and state of play in Europe and international human rights standards. Amnesty International (24 November 2018). Retrieved on 30 April 2020.

↑ Criminal Code of the Republic of Albania (3 May 2017). euralius.eu (3 May 2017). Retrieved on 10 September 2022.

↑ GREVIO Baseline Evaluation Report Albania. rm.coe.int (24 November 2017). Retrieved on 10 September 2022.

↑ Penal Code of Andorra (2005) (in fr). sherloc.unodc.org (2005). Retrieved on 12 September 2022.

↑ GREVIO Baseline Evaluation Report Andorra. rm.coe.int (30 November 2020). Retrieved on 12 September 2022.

↑ Criminal Code of Armenia. Parliament of Armenia (16 December 2021). Retrieved on 11 September 2022.

↑ Criminal Code of the Republic of Azerbaijan (1999). Retrieved on 11 September 2022.

↑ Кодекс Республики Беларусь № 275-З (Кодекс Республики Беларусь от 9 июля 1999 г. №275-З «Уголовный кодекс Республики Беларусь.») (in ru). etalonline.by (13 May 2022). Retrieved on 10 September 2022.

↑ Criminal Code of Bosnia and Herzegovina (2010). sherloc.unodc.org (2010). Retrieved on 10 September 2022.

↑ Criminal Code of the Federation of Bosnia and Herzegovina (August 2003 revision). advokat-prnjavorac.com (August 2003). Retrieved on 10 September 2022.

↑ The Criminal Code of Republika Srpska (15 June 2017 revision). ohr.int (15 June 2017). Retrieved on 10 September 2022.

↑ George Psyllides (30 October 2020). "House passes law expanding definition of rape". Cyprus Mail. Retrieved on 28 January 2021.

↑ staff reporter (23 September 2020). "Consensus reached on updating definition of rape". Cyprus Mail. Retrieved on 28 January 2021.

↑ Cypriot Penal Code (Chapter 154) (in el). CyLaw. Government of Cyprus (30 October 2020). Retrieved on 21 January 2021.

↑ Danish Ministry of Justice (17 December 2020). Forslag til Lov om ændring af straffeloven (Samtykkebaseret voldtægtsbestemmelse) (in dk). Retsinformation.dk. Retrieved on 28 January 2021.

↑ a b Elian Peltier (17 December 2020). "Denmark Toughens Rape Law to Include Sex Without Consent". The New York Times. Retrieved on 28 January 2021.

↑ Pipaluk Ellebæk Motzfeldt (16 May 2018). Grønlandsk retspraksis i voldtægtssager (in da). projekter.aau.dk. Retrieved on 12 September 2022.

↑ Reuters (15 April 2021). "France toughens age of consent laws to define sex with under-15s as rape". The Guardian. Retrieved on 18 June 2021.

↑  (10 February 2021). "Is it true that France has no age of consent for sex?". The Local France. Retrieved on 18 June 2021.

↑ Equipo Nizkor - The Criminal Law Code of Georgia.. derechos.org (22 December 2016). Retrieved on 11 September 2022.

↑ Helena Smith (7 June 2019). "Greece U-turns over draft law redefining rape after fierce criticism". The Guardian. Retrieved on 28 January 2021.

↑ Άρθρο 336 - Ποινικός Κώδικας (Νόμος 4619/2019) - Βιασμός (in el). Lawspot. Digital Pioneers (18 November 2019). Retrieved on 28 January 2021.

↑ 2014 Criminal Code of Kazakhstan (19 April 2019 revision). refworld.org (19 April 2019). Retrieved on 10 September 2022.

↑ Criminal Code (StGB) of Liechtenstein of 24 June 1987 (1 January 2021) (in de). gesetze.li (1 January 2021). Retrieved on 11 September 2022.

↑ Code pénal. Chapitre V. - De l'attentat à la pudeur et du viol (in fr). legilux.public.lu. Government of Luxembourg (20 March 2020). Retrieved on 1 February 2021.

↑ The Criminal Code of the Republic of Moldova (2009 revision). sherloc.unodc.org (November 2009). Retrieved on 10 September 2022.

↑ GREVIO Baseline Evaluation Report Monaco. rm.coe.int (27 September 2017). Retrieved on 12 September 2022.

↑ GREVIO Baseline Evaluation Report Montenegro. Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) (25 October 2018). Retrieved on 15 May 2020. (p. 45)

↑ Criminal Code of [North Macedonia (16 November 2017 revision)]. vlada.mk (16 November 2017). Retrieved on 10 September 2022.

↑ GREVIO Baseline Evaluation Report San Marino. rm.coe.int (23 September 2021). Retrieved on 12 September 2022.

↑ Republic of Serbia Criminal Code (revision 2019). mpravde.gov.rs (2019). Retrieved on 10 September 2022.

↑ Sebastijan R. Maček (7 June 2021). "Slovenia amends penal code, redefines sexual consent". Euractiv. Retrieved on 12 June 2021.

↑  (4 June 2021). "Slovenia Redefines Rape in Line with Yes Means Yes". Total Slovenia News. Retrieved on 12 June 2021.

↑ Criminal Code of the Republic of Slovenia (2008). wipo.org. World Intellectual Property Organization (1 November 2008). Retrieved on 12 June 2021. (old law)

↑  (9 January 2019). "Shock Case Shows How Coercion Defines Rape in Slovenia, Not Lack of Consent". Total Slovenia News. Retrieved on 12 June 2021.

↑ Maya Oppenheim (7 June 2021). "Rape now defined as sex without consent in Slovenia in ‘historic victory’ for women". The Independent. Retrieved on 12 June 2021.

↑ Isabel Vega &amp; Erika Montanes (7 September 2022). "La ley del 'solo sí es sí' entrará en vigor el 7 de octubre y hace efectiva la rebaja de las penas a agresores sexuales". ABC.es.

↑ Sibilla Bondolfi (12 January 2021). "How a new definition of rape could impact Swiss law". Swissinfo. Retrieved on 18 June 2021.

↑ Baseline Evaluation Report Turkey. Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). Council of Europe (15 October 2018). Retrieved on 3 February 2021.

↑ a b c d The Criminal Code of Ukraine (19 August 2022 revision). Official web-portal of the Parliament of Ukraine (19 August 2022). Retrieved on 10 September 2022. "Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances."

↑ Про внесення змін до Кримінального та Кримінального процесуального кодексів України з метою реалізації положень Конвенції Ради Європи про запобігання насильству стосовно жінок і домашньому насильству та боротьбу з цими явищами. Official web-portal of the Parliament of Ukraine (6 December 2017). Retrieved on 10 September 2022.

↑ New Book VI of the Code of Canon Law, 01.06.2021. Vatican Bulletin. Holy See Press Office (1 June 2021). Retrieved on 2 June 2021.

↑ Philip Pullella (1 June 2021). "Pope revises Church law, updates rules on sexual abuse". Reuters. Retrieved on 2 June 2021.



↑ Russia: Russia (1996, amended to 2018) (Russian)

↑ Turkey: Criminal Code archive copy (amended to 2016)



↑ These countries have two separate laws against sexual violence: one for sexual violence committed with coercion, one of sexual violence committed without coercion but also without consent; the latter counts as a lesser crime, and is punished less severely. Example: Article 201 (coercion-based, max. penalty 10 years prison) and Article 205a (consent-based, max. penalty 2 years prison) of the Austrian Criminal Code.[1]:13 This is different from countries who cover all sexual violence within a single law based on a lack of consent, but may add extra penalties if the nonconsensual sexual act was accompanied by some form of coercion.
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