Ireland

Hesitation to introduce EU-wide consent-based definition of rape ‘unacceptable’ - Frances Fitzgerald

MEP says ‘strong’ legal advice from some member states suggests EU-wide rape law would be ‘overreach’ as legal foundation of sexual exploitation was to target trafficking

Irish MEP and former minister for justice Frances Fitzgerald: 'I’ve been quite shocked at some of the attitudes I’ve seen to gender-based issues, and how difficult it can be for some member states to be as advanced as we are in Ireland, actually.' Photograph: Grainne Ni Aodha/PA Wire
Irish MEP and former minister for justice Frances Fitzgerald: 'I’ve been quite shocked at some of the attitudes I’ve seen to gender-based issues, and how difficult it can be for some member states to be as advanced as we are in Ireland, actually.' Photograph: Grainne Ni Aodha/PA Wire
Sun Oct 22 2023 - 21:24

There is a lack of urgency from governments to tackle violence against women across Europe, Frances Fitzgerald MEP has said.

Ms Fitzgerald said that hesitation over introducing an EU-wide consent-based definition of rape, based on a legal argument that it does not fall under the banner of sexual exploitation, was “not acceptable”.

Ms Fitzgerald and Swedish socialist MEP Evin Incir are leading the process to introduce EU-wide laws tackling domestic violence and violence against women.

Under the current draft, rape, sexual assault and cyber stalking would become an offence at an EU level.

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But some member states are against including a consent-based approach to rape in the proposed EU directive – something the former minister for justice said indicated a “lack of urgency” to tackle gender-based violence.

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She said that “strong” legal advice from some member states suggested that an EU-wide rape law would be “an overreach”, as the legal foundation of sexual exploitation was to target trafficking.

“Now, you can read that however you like – the way I read it is there isn’t enough political motivation at the moment from some member states to include rape,” Ms Fitzgerald said.

“You can get somebody moved from Ireland to Germany for murder, but when it comes to rape, they’re saying ‘No, let the member states deal with that’.

“They don’t say, ‘It’s because we don’t like the definition’. They don’t say, ‘It’s because what are you talking about with consent?’ which is the belief of certain member states – they really find it hard to get their heads around the idea of consent.”

Ms Fitzgerald said although Ireland and the UK have legislated for a consent-based definition of rape in recent years, in other European countries “there’s a backlash” to women’s rights.

“That backlash is very serious. You see it in Hungary, you see it in Poland, you see it elsewhere,” she said.

“I’ve been quite shocked at some of the attitudes I’ve seen to gender-based issues, and how difficult it can be for some member states to be as advanced as we are in Ireland, actually.”

She said France and Germany are among the countries that have voiced opposition to the inclusion of rape in the directive.

“There’s no problem with FGM (female genital mutilation) or cyber violence, but there is with rape, and I can’t help but feel that it’s something to do with the very crime itself and member states’ difficulties in managing it from a criminal justice point of view, and therefore being nervous about anything that seeks to kind of put an overarching framework around that.

“But it’s not acceptable. It’s not acceptable to women. It’s not acceptable to citizens. Try and explain to anybody why rape is not sexual exploitation at a very practical level.”

Asked about whether there was a lack of urgency from governments to tackle gender-based violence, she said: “I would have to say yes, overall.

“The seriousness of the crime is still internationally not being matched by the intensity of the approaches needed, and this is a symptom of that.

“A city the size of Marseilles, Amsterdam or Zagreb disappears every 10 years as 858,000 women are murdered globally.

“So I can’t help but think it is part of misogyny, and it’s part of a patriarchal society that we live in – that we’ve had such a job getting [crimes against women] to the top of the agenda.”

Asked whether the law would eventually be watered down to get agreement across the EU, Ms Fitzgerald said it was too early to say.

“The challenge at the end of the day will be – can you call it a directive on violence and domestic-based violence if you don’t [include] rape?

“I’ve just written to [Minister for Justice] Helen McEntee now sort of asking Ireland to be more proactive in terms of working with other member states as well.” – PA