Will Estonians Die Out? In Estonia, a Criminal Case for Sex Without Explicit Consent

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Publiation data: 17.03.2026 06:36
Will Estonians Die Out? In Estonia, a Criminal Case for Sex Without Explicit Consent

What do we know about the Istanbul Convention, which almost brought down the Latvian government and the ruling coalition? Nothing. Well, it’s about protecting women from violence, although Latvian laws already prohibit it. About how same-sex couples can officially register their relationships. Well, let them, it’s unlikely their number will be such that it poses a real threat to demographics. But if you delve deeper into the document, it takes on new ominous hues.

Say "yes" to me!

The Legal and Social Committee of the Riigikogu held a joint open meeting on March 10 to hear the opinions of stakeholders on a bill that proposes a shift to defining sexual violence based on the principle of consent.

The topic sparked lively interest, judging by the number of invitees. Among those invited were advisors from the Ministry of Justice and Digitalization's Criminal Law and Procedure Service Andra Reinomägi and Mari Haav, senior prosecutor of the Põhja District Prosecutor's Office Arika Lepp, head of the Equality Policy Department of the Ministry of Economic Affairs and Communications Pirjo Turk, head of the Victim Assistance Department of the Social Insurance Board Kaire Tamm, and head of the Sexual Violence Victim Assistance Service Annika Silde, advisor from the Ministry of the Interior's Law Enforcement and Misdemeanor Procedure Department Barbara Haage, director general of the Police and Border Guard Board Egert Belichev, expert from the operational readiness group of the Põhja Prefecture Raimo Raivet, head of the Criminal Law Department at the University of Tartu and judge of the Tartu District Court Mario Tru, as well as guest lecturer in criminal law Laura Ayaots, board member of the Estonian Gynecologists' Society Alissa Seljanko, secretary general of the Round Table of Women's Organizations of Estonia Eha Reitelmann, advocacy specialist of the NGO Feministeerium Elize Rohtmets, head of the domestic violence prevention department of the President Kaljulaid Foundation Hannaliisa Uusma, head of the NGO "Children's Protection Union" Varje Ojala, and children's rights ambassador Marta Männiiste.

According to the chairman of the legal committee Madis Timpson, all parties that expressed their opinions during the work on the bill were invited to the meeting. "At the open meeting, we will discuss the bill according to which consent from the other party is always required for sexual intercourse – without it, it is considered a crime. According to the bill, sexual intercourse without consent will be punishable even if no violence was applied against the victim," Timpson said, emphasizing that this change in the law is necessary for more effective protection of victims of sexual violence and prevention of sexual crimes.

According to the chairwoman of the social committee Signe Riisalo, the bill aligns the provisions of the Estonian Penitentiary Code with the Istanbul Convention, according to which engaging in sexual intercourse with someone without their consent should already be considered a punishable act. "The bill introduces a fundamental change, as currently the investigation must establish whether the victim could resist and was aware of what was happening, whereas in the future it will need to determine whether they expressed their consent," Riisalo said.

A Delicate Situation

She added that consent does not necessarily have to be verbal, but it must be clearly expressed and voluntary.

And here, of course, is where it gets interesting. The Baltic countries are already dying out along with the rest of the West. Young generations want to live for pleasure and do not wish to burden themselves with children (and who can blame them, we live in troubling times). It is also said that teenagers are becoming asexual, and they are not so attracted to the male and female reproductive organs. And in such conditions, the life-giving act is to be shackled in legal and administrative chains.

Just imagine — a miracle happens — two people are inflamed for each other. Feverish kisses, clothes flying in all directions and hanging from the chandelier, two living beings striving for one goal — to merge in passionate ecstasy, to become one whole. And then a bell rings in their heads. He must formulate something like "Juliet, do you agree to engage in sexual intercourse with me voluntarily and without coercion, and will it not become a reason for further legal prosecution and property claims?"

And she breathlessly replies: "No, dear, I voluntarily and in sound mind engage in sexual intercourse with you and waive any future claims. Unless, of course, you are Vanstein."

This instead of foreplay. Instead of delicate lace of flirting and seduction — coarse burlap of bureaucracy. Can you imagine what will happen to desire after this? The mammoths began to die out centuries ago. And then — why is consent only necessary from her? Is this not a shameful legacy of the era of white male dominance? Let’s return to matriarchy. Or is the Istanbul Convention guided by the postulate "all men want the same thing"? While girls want a dress. Therefore, it is important to fix — what kind of "yes" is this. With an obligation to marry? With contraception or not? Is sadomasochism and role-playing allowed? How many children will there be, will we live with parents or take out a mortgage? In whose name and what about the division of children and other jointly acquired property?

Who Will Hold the Candle?

It would be good, of course, to discuss all this and record it on a mobile phone video. Or the parties should "before this" fill out special questionnaires. Although all nuances will still not be accounted for. It is unlikely that all the proteges of Hollywood producers said "no." Therefore, if you are going to indulge in love, it would be good to invite a third party to the bed — a notary. Preferably Estonian. Who knows, maybe this even excites someone...

Pāvels Kirillovs
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