Comment on Protesters denounce blockage of EU legislation defining rape as sex without consent

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azertyfun@sh.itjust.works ⁨11⁩ ⁨months⁩ ago

I can’t be fucked to find the original analysis I read on this, but IIRC France objects because they are already party to the Istanbul Convention which apparently defines things in a way that, they argue, not only is redundant but is more specific and therefore holds more legal weight.

I’m no jurist, but I think there’s more nuance to this subject than sensationalist headlines imply.

France, for instance, considers that rape can be considered to have occurred when “an act of sexual penetration or an oral-genital act is committed on a person, with violence, coercion, threat or surprise.”

So, what kind of non-consensual sex act couldn’t be argued to be rape under this definition? “violence, coercion, threat, or surprise” seems to cover all bases I can (perhaps naively) think of.

At least I don’t think we should so easily dismiss concerns that a competing definition might weaken the word of the law, as well intentioned as it may be.

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