Defining rape in French-speaking European countries: with and without a reform

Despite the Council of Europe’s Convention on preventing and combating violence against women and domestic violence, the numerous reforms of sexual offences in Europe, and the European Union’s Proposal for a Directive on the same subject, there seems to be no European consensus on the definition of rape. Nevertheless, all French-speaking European countries have recently amended their Criminal Codes on the subject. Building on the European debates, this paper offers a systematic analysis of the evolution of criminal law on the definition of rape, by comparing the legal frameworks of Belgium, France, Luxembourg and Switzerland. Although there are common trends in the broadening of sexual acts and the inclusion of consent as a core element of rape, differences and challenges remain.