Sex without consent will be punishable even if no violence was applied to the victim 0 7

According to the bill, consent from the other party is always required for sexual intercourse. This consent does not necessarily have to be verbal, but it must be clearly expressed and voluntary. Sex without consent will be punishable even if no violence was applied to the victim.

According to the chair of the commission, Madis Timpson, the bill signifies a shift from viewing sexual crimes through the lens of force and coercion to a concept based on consent.

"According to studies, 20% of women experience sexual violence in their lifetime. Meanwhile, the number of registered sexual offenses is increasing," said Timpson. "Unfortunately, reports of rape often do not lead to criminal charges. This means that it is impossible to investigate what happened or hold the alleged perpetrator accountable."

"This amendment is important to better protect victims and prevent sexual crimes," said Timpson. "If currently it is necessary to establish whether the victim could resist and be aware of what was happening, then according to the bill, it will be necessary to determine whether the victim expressed their consent. The bill sends a clear signal: if there is no consent, then it is a crime."

Estonia has joined the Istanbul Convention of the Council of Europe, which states that engaging in sexual intercourse with someone without their consent should be criminally punishable. The bill aligns the provisions of the Estonian Penal Code with the Istanbul Convention.

The commission decided to send the government-initiated bill on amendments to the Penal Code for its first reading in the Riigikogu plenary session on December 2, with a proposal to complete it. After the first reading, the legal commission plans to organize a public discussion, inviting all parties that expressed their opinions during the preparation of the bill.