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The study found that out of 31 European countries, only eight – Ireland, the United Kingdom, Belgium, Cyprus, Germany, Iceland, Luxembourg and Sweden – have laws that define sex without consent as a rape.
The vast majority of European countries recognize rape only when there is physical violence, threat or coercion, Amnesty said, adding that some countries classify sexuality without consent as a separate offense and less serious.
In Croatia, rapists convicted can be sentenced to a maximum of 10 years, while sexual convictions without consent carry a maximum penalty of five years. In Malta, the legislation on sexual offenses is inscribed in the context of "crimes affecting the good order of families".
Across the continent, weak legislation, coupled with a "dangerous culture of blaming the victims," has adverse effects for victims of sexual assault seeking to argue their case, according to the group that has called on governments all over Europe to align the legislation with international human rights standards.
"Consentless sex is rape, that's all." Said Anna Błuś, Amnesty International's researcher on Western Europe and women's rights, in a statement. communicated.
"Until governments harmonize their laws with this simple fact, perpetrators of rape will continue to get away with their crimes," Błuś said.
In the European Union alone, about 9 million women over the age of 15 – at least one in 20 women – have been raped, according to 2014 data from the European Union Agency for Fundamental Rights analyzed by Amnesty International.
But without legal provisions guaranteeing a fair trial, women often choose not to report rapes.
"Women's fear of not being believed is repeatedly reaffirmed because we see brave survivors who claim justice and who have often missed out-dated and harmful definitions of rape and treated with consternation by the judicial authorities," he said. BLUS.
Although it is important that countries include consent in their legal definition of rape, it is one of the many steps to be taken to protect victims of sexual violence in the legal sphere, according to Amnesty International and many women's rights advocates.
Many countries are still struggling to get convictions, even with consent-based rape legislation.
In the UK, about one in seven women would have been a victim of some form of sexual violence, which would place it among the top five countries for the highest number of recorded sexual assaults, according to the report. Amnesty's study.
According to the Guardian, the Crown Prosecution Service "denied a change of approach and stated that he was required to guarantee fairness to both plaintiffs and suspects".
Katie Russell, a spokeswoman for Rape Crisis England and Wales, said that while she supported consent-based rape laws, they were not enough.
"This must accompany a comprehensive understanding of what consent means," said Russell, highlighting the importance of consent education in the public sectors.
"Although the definition is clear in our law, her understanding is completely lacking," she said. "There is a lack among the jurors – and it is the general public who composes the jurors and ultimately decides the outcome of the cases.But the suggestion is that this is also lacking among the criminal justice officials themselves. If not, there is no real explanation why the results of the criminal justice system would be in decline as reports are increasing. "
This year, two highly publicized rape cases in the UK and Ireland highlighted discussions about consent and the difficulties that victims of sexual assault may encounter in the courtroom.
In October, before a criminal court in Cork, Ireland, the defense attorney of a 27-year-old man accused of raping a 17-year-old teenager asked jurors to consider the sub – teenager's clothing as a proof of implied consent.
The case resulted in protests in Ireland and an international campaign on social networks during which women posted photos of their underwear with the hashtag #ThisIsNotConsent.
Noeline Blackwell, a human rights lawyer and director of the Dublin Rape Crisis Center, said the trials bore witness to a deep perception of society that the victim was partially responsible for her rape.
Blackwell agrees that consent-based laws are a crucial step in implementing broader reforms.
"It's great that our legal definitions are at least compliant, but until it is properly implemented – requiring effort and training from the police, judiciary and lawyers – we will not get the proper impact of the law, "Blackwell said.
Jurgita Pečiūrienė, expert on gender-based violence at the European Institute for Gender Equality, said public opinion stresses the importance of educating the public not only on the meaning of consent, but also on the role of gender inequality in gender-based violence.
"To have effective laws and evidence-based coordinated policies, we need to start with education," said Pečiūrienė.
"Our actions should not focus solely on prosecution but on the prevention of violence against women in general, the prevention of rape and the fight against the root causes of gender inequality", she declared.
"We know that women often do not report rape or sexual assault because of shame, lack of support for fear of not being believed, to be blamed or even to suffer more violence. But this is also part of the social inequality between women and men.Consent standards-based laws are only one element. "
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