The directive will prosecute circumcision, forced marriage, cyberbullying and the non-consensual distribution of intimate images; but it does not include the classification of non-consensual sex as a form of rape due to the reservations of various governments.
He European parliament adopted this Wednesday the first law on gender violence in the history of the European Union will harmonize definitions and prison sentences for this type of crime in all Member States. However, this has remained the case on the verge of criminalizing rape based on a lack of consent, as the Spanish state already does.
With 522 votes in favor, 27 against and 72 abstentions, the European Parliament approved the directive, which will require stricter laws against online violence, better support for victims and measures to prevent violations. In this sense, European regulations establish specific guidelines for crimes against women on the Internet, such as the disclosure of private information.
The new legislation includes a longest list of aggravating circumstances for crimes that carry heavier penalties, such as crimes against public figures, journalists or human rights defenders. It also includes the intention to punish victims based on their gender, sexual orientation, skin color, religion, social origin or political beliefs, and the desire to preserve or restore ‘honor’.
According to the protection of victimsthe Directive sets minimum standards to prioritize access to sheltered housing for victims of violence, as well as access to sexual and reproductive health care. The new European law will require Member State authorities to have greater reporting and evidence-gathering obligations and to raise public awareness that non-consensual sexual relations are considered a crime.
In this regard, the directive omits the classification of non-consensual sex as a form of rape, due to the concerns of several governments. All this after the Council’s legal services warned that the reform being negotiated did not provide the necessary legal basis to tackle rape, as it must first be considered a European crime, which is not currently happening.
The new rules will come into effect for 20 days after its publication in the Official Journal of the European Union. From that moment on, Member States have three years to implement all provisions.
Source: EITB
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