The absence of a ‘no’ is not an implicit yes. This is the overarching principle of a long-fought Swedish ‘consent law’ aimed at dismantling the ‘no means no’ framework; a system rooted in the idea that a person needed to explicitly resist for it to constitute rape. Women’s rights activist Demet Ergun is hopeful the law, which came into force in 2018, will facilitate understanding of consent but adds dryly that ‘People don’t pay enough attention to the fact that sex should be something done ‘with’ someone, not ‘to’ them.’ As President of the women’s rights coalition Fatta, Demet knows all too well the time-worn path to legislative change. It was Fatta that spearheaded the campaign to reform Swedish rape laws. The movement for change was sparked when the acquittal of three 19-year-old men accused of raping a 15-year-old* girl with a glass bottle in 2013 provoked mass protests. From the ashes of this horrifying rape case, feminist resistance rose up. Fed up with having women’s and girls’ experiences of sexual violence minimised by society and courts of law, the founders of what was to become Fatta began to gather together, collecting women’s stories and raising public awareness, before formally establishing the organisation. Under the new law, rape survivors no longer have to prove there was threat, force, or that they were taken advantage of in a vulnerable situation. The law states that consent can never be freely given by people who are intoxicated, incapacitated, under duress, or in a situation of unequal power dynamics or dependency, such as sex between a teacher and their student. After the law was implemented, Sweden saw rape conviction rates rise by 75% between 2019 and 2020. Four years ago, many of these cases wouldn’t legally have constituted rape; a shocking indictment of just how many survivors of sexual violence have never received justice. Gender-based violence expertise or training is still not required to be a juror in a rape trial, which Demet says must change. Sweden’s consent law also introduced a new, lesser offence of ‘negligent rape’ to make it possible to get justice for survivors in cases where courts found that while the intent to knowingly disregard the victim’s lack of consent could not be proven, the perpetrator had failed to clarify whether or not consent was being given, and therefore should have stopped and asked. The law’s acknowledgment that rape can still happen in the absence of force or threat is important to dismantling the myth that most rape is perpetrated by strangers. It also rejects the notion that prior consent is ‘forever’ consent and includes situations in which the victim ‘freezes’ or is taken by surprise and does not have time to react. Demet explains that the presumption of innocence until proven guilty hasn’t been replaced, but now the court has to decide whether or not consent was given: ‘Previously the victim had to prove that there was a strong indication of resistance. Now the accused has to show they received consent and how this was interpreted. A key difference is that physical evidence is no longer required. This is important because of the 'frozen fight' situation; often people can’t fight off perpetrators or control how their body reacts.’ Opponents of the law argue consent can’t be proven, but sexual violence campaigners insist that it can be expressed clearly either verbally or through nonverbal cues, such as positive body language like smiling, maintaining eye contact, and nodding. We have been taught that sex is about setting a silent ambiance and that talking can ‘break the mood’. However, questions can facilitate a positive sexual experience in myriad ways from creating comfort to establishing intimacy.

‘Everyone has the right to live without violence. You can have sex without love, but always with care’. This is the message Filomena Ruggiero wants people to take away. For her, broadening the concept of violence and placing the focus on ‘yes’ contributes to a better understanding about sex as an encounter that is wanted and not one of obligation. A long-time women’s rights champion, Filomena, who is policy adviser and advocacy lead at SEDRA-Spanish Federation for Family Planning (SEDRA-FPFE), says the collective trauma resulting from a shocking rape case in 2016 was the catalyst for change and provoked a wave of feminist action across the country. Spain’s new ‘yes means yes’ consent law, which came into effect in October this year, was sparked by the acquittal of five men who raped an 18-year-old woman during the 2016 Pamplona bull-running festival. Dubbed ‘the wolf pack’ case, there was widespread outrage after the court argued footage showing the woman motionless with her eyes closed, was proof of consent. Again, four years after the rape in Pamplona, a group of men who gang raped a 14-year-old girl in Catalonia were convicted of the lesser charge of sexual abuse, this time because the victim was intoxicated. Both cases highlighted the abject inadequacy of Spanish rape legislation, which previously stated violence or coercion had to be present for it to be considered rape. Relics of a patriarchal system, previous rape laws in Spain were steeped in sexist assumptions about consent and so-called ‘acceptable’ behaviour. Cases so often hinged on the behaviour of the victim, as if this had somehow contributed to or excused rape. What the survivor was wearing, drinking or doing at the time was put under the spotlight, and not the actions of the accused.  The legal changes mean victims will no longer have to provide proof of violence or threat of violence, coercion or resistance against their attacker(s) in court. Plying someone with drugs or alcohol to coerce them into sex is a criminal offence, and digital violence, such as threats or non-consensual sharing of images, has also been criminalised. The new law maintains the presumption that the accused is innocent until proven guilty. But going forward it is the defendant who will have to prove there was consent and the victim will have to prove there was no consent. The law also aims to avoid secondary victimisation that results when institutions and individuals acting on their behalf, for example lawyers, the judiciary and the public prosecutor’s office, seek to discredit the victim by asking unnecessary and intrusive questions about her private life that are rooted in gender stereotypes and prejudices. An alliance of feminist organisations, which included SEDRA-FPFE, played an integral part in drafting the new law. They ensured the introduction of 50 crisis centres and 24-hour support for victims, as well as financial support. But Filomena says the issue now lies in resources. The national law needs to be implemented at the regional level, which means its application will be unequal. Nevertheless, the law reform sends a very clear message: nobody is entitled to your body, and consent is never given through coercion, intimidation, violence or incapacitation. Consent must now be freely given and expressed. If it is not, this is rape. Encouraging men to step up Street harassment – the provocative comments, whistling or gestures women are so often subjected to – is now also a criminal offence. This marks a paradigm shift to seeing sexual harassment as an issue of social justice. Despite this, the public outcry has galvanised the extreme right who view the reform as a threat to their regressive anti-feminist agenda. Opponents of the new law claim street harassment is part of Latin culture and something to be celebrated. Filomena rebuffs this arguing it defines women as sexual objects: ‘Catcalling is often viewed by men as something positive in Spain but the comments are of a sexual nature, which provokes insecurity and fear. It can limit women’s freedom in their choice of clothing, how they act or behave.’ Filomena believes men need to do more to end violence: ‘Social norms don’t change through laws alone but are constructed through a long cultural process. Boys and men are also victims of macho social norms. We must encourage men to stop other men from doing this and raise awareness.’ Filomena is adamant the role of men as peer educators is fundamental to the law: ‘We need to have a reflection in society on gender roles, and we cannot let macho groups distort and weaponize the debate. There is a lot of misinformation around the legislation. Male influencers should tackle this by speaking out about how this is really about putting desire at the centre, about sex being wanted and enjoyed. This would contribute to a better understanding of the law and of its consequences, which are very positive for men.’  

‘Rape isn’t always something that happens when you are dragged into an alleyway’, says Heleen Heysse, Policy Officer at Sensoa, the Flemish centre of expertise on sexual health. ‘The subtle ways in which coercion can take place, as well as the many ways consent can be freely given, is within this new law. It recognises people’s experiences and their trauma’. Heleen says the new consent law, which came into effect in June this year in Belgium is a victory for survivors and campaigners. The legislation unequivocally states: non-consensual sex is rape. Rape cases will now no longer hinge on whether a survivor said ‘no’ or fought back. Instead, it is an offence when consent is lacking, withdrawn or when advantage is taken of a victim’s vulnerable state. The consent-based definition also applies to other forms of sexual violence.   Sensoa has been at the forefront of campaigning for reform of the outdated sexual criminal law for many years. They say that within the new law, the absence of struggle or reaction can no longer be taken as implicit consent as it takes into account the freeze response – when a person is unable to react. Heleen stresses the presumption of innocence until proven guilty remains one of the core tenets of the Belgian justice system and investigations are just as rigorous. This, she says, contradicts the myth spread by opponents of consent-based legislation that women will use the law to falsely report rape; complaints of which are grossly overestimated. Previously, an assault could only be legally considered rape if coercion, physical force or verbal threats took place, or a person was unable to defend themselves. Like in many countries across the EU, rape victims had to prove that there had been violence or that they had explicitly said ‘no.’ Alongside this law, Belgium has also become the first country in Europe to decriminalise sex work, which Heleen and her colleague Julia Day say makes it easier for sex workers to report sexual violence. Training prevents victim blaming Up to 90% of rape cases in Belgium go unreported and only 4% of people file a complaint with the police. Julia and Heleen say this is due to the hurdles survivors face when reporting sexual violence, not to mention the trauma associated with interrogations and pervasive victim blaming. Julia says adequate training is essential: ‘It’s important police know and understand the law so when conducting an interview, they have guidelines on questioning to establish whether the victim consented freely.’ Reporting a rape is a big ordeal. Victims of sexual violence often blame themselves and are afraid they won’t be believed. Even under the new law, in Belgium, when someone reports a rape to the police, the legal process is kickstarted immediately. This can discourage people from reporting sexual crimes. Fortunately, the introduction of Sexual Assault Centres has vastly reduced reporting obstacles; 68% of survivors who came to a centre went on to file a complaint, significantly higher than the national average. This is largely because the support offered at the centres is focused on providing confidential care to survivors and helping them to rebuild their lives; it includes forensic analysis, trauma care, specially trained inspectors, psychologists and case managers in one place. It also enables marginalised groups, such as transgender people and sex workers to report rape in a safer environment. Currently, there are seven centres across Belgium and Julia says they hope to have one in every province: ‘Five years ago, we had nothing. It’s a good step forward. There’s a lot that needs to be in place to open a centre. They must be linked to other hospital services, there needs to be an HIV clinic and counselling as well.’ As regards the reporting process, the centres support survivors in a way that is sensitive to the extreme stress they are experiencing, and the impact it has on the ability to process information and form memories. Victims are filmed telling their stories and can decide later on if they want to press charges or not.   Heleen believes filming is vital to avoid retraumatisation: ‘It minimises how many times questions are asked, which reduces the emotional burden of the process.’ For Julia, it gives rape survivors a sense of control: ‘You get lost in the legal system with no idea what to expect and that’s scary, especially when the control has already been taken from you. When you have to repeat your story, it’s normal that it changes, and this can be used against you. Filming limits victim-blaming and puts them in a more powerful position.’

Rigid gender norms or stereotypes limit people’s ability to pursue their professional careers and make choices about their lives. Gender norms not only limit people’s freedom and choices, but they end up condoning gender-based violence and perpetuating inequalities rooted in unbalanced power dynamics. As a result, people are coerced by collective expectations into taking up gender roles that stop them from pursuing the careers and relationships they want, or even being themselves. For example, young men are often expected to suppress their emotions so that they can conform to damaging understandings of strength and masculinity. This leaves men illequipped to express or navigate through their emotions, which can later on cause issues for their mental health. Equally, young women are often expected to be polite and accommodating to others - even in situations where they are made to feel uncomfortable. Conforming to this expectation can make it more difficult for women to assert themselves and can lead to their enduring discrimination or abuse without possessing the skills or confidence to address it. But relationship and sexuality education can play a crucial role in dismantling and challenging harmful gender norms, thus preventing gender-based violence and giving young people the skills needed to lead more equal and safe lives. Furthermore, training of adults and educators is key to raising their awareness around existing gender stereotypes that they may inadvertently perpetuate. Civil society organisations in Serbia, Estonia, Romania and Latvia came together under the Youth SpectActors project to do just that. The main purpose of the project was to educate and empower young people between 12-25 years of age to question gender norms, attitudes and stereotypes that contribute or could lead to gender-based-violence (GBV) through organising theatrical plays that deal with typical situations where gender identity and expression occur. Read about the results of our project on people's lives in the below factsheet.

IPPF members are working hand-in-hand with networks of actors from within and around diverse Roma communities in Bulgaria, Romania and Serbia. The common goal: to improve access to life-changing sexual and reproductive healthcare for girls, women and young people, and tackle some of the deep rooted obstacles that prevent people - especially women and youth - from living safer and healthier lives. We are proud to share highlights of our work, recommendations to decision-makers and impact story in the below brochure.

Gender inequality and harmful gender norms remain widespread in the EU. While sexual and reproductive health and rights (SRHR) are at the core of gender equality and women’s rights and empowerment, their attainment varies greatly across the EU: women and girls, particularly those marginalized by systemic oppression, face significant barriers to sexual and reproductive health care, information and education, which violates their human rights and hinders progress towards gender equality. At the same time, dramatic changes taking place in Europe, from the backlash orchestrated by anti-rights actors to the impacts of the COVID-19 pandemic, threaten progress towards gender equality and many of the rights and values that the EU aims to protect.  In this context, IPPF EN, together with member associations and partners, is working to progress towards a more gender equal world where people in all their diversity are released from harmful gender norms and fully empowered to make decisions over their lives and bodies. To move toward this, we work to strengthen national support in the EU Institutions and Member States for gender equality and women’s rights by: ensuring that policy and decision makers at all levels (EU, National and Local) are creating progressive legislative and policy frameworks that protect and advance gender equality & women’s rights; educating and empowering young people, as a new generation of EU citizens, to become leaders and drivers of the long-term change process needed around societal norms and behaviours; increasing the capacity of civil society actors to act in a strategic and coordinated manner when promoting gender equality and women’s rights. *** 2022 RESULTS!  Our achievements for the first half of 2022 include:   80 activists trained on strategic communication and security; 2 pieces of national research and 2 toolkits to support social movements in their strategic communication campaigns on gender equality and SRHR; More than 80 EU decision-makers reached and informed about relevant gender equality issues and 21 inputs submitted into EU processes, contributing to 8 advocacy wins related to gender equality and SRHR; 13 joint cross-border amplification and mobilization actions and 59 pieces of communications content delivered towards decision-makers, citizens and media to support social movements and demonstrate international solidarity where women’s rights are under attack 23 educators strengthened their capacity to train other educators in delivering Gender Transformative Sex and Relationship Education    What’s next: Gender assessments for four of our members and our Regional Office to improve IPPF EN ability to deliver gender transformative projects A new gender transformative strategy by YSAFE, IPPF EN's youth network, to engage more youth as champions for gender equality, plus a series of podcasts produced by YSAFE on SRHR/gender equality. An EU advocacy and communication workshop for our members to strengthen capacity on national advocacy and share best practices *** Citizens, Equality, Rights and Values (CERV) grants 2023: Call for proposals As part of the 2023 operating grant of the EU-funded Citizens, Equality, Right and Values (CERV) programme, IPPF European network regional office (ENRO) is launching a call for proposals for its EU based member associations (MAs) and Affiliated Collaborative Partners (CPs). Through a regranting scheme, IPPF wants to strengthen the European response related to gender equality within different EU countries through its members. EU-based MAs and CPs will have the opportunity to fund initiatives which will directly contribute to one of the programme’s strategic objectives at the level of EU Member States. To ensure the alignment of the regranting scheme to the programme’s four strategic objectives, the call is open to specific MAs and CPs only, as per the criteria described under each programme objective. More information can be downloaded below.    

In the Balkans, IPPF members are working hand-in-hand with diverse networks of actors from within and around Roma communities. This work was shaped as the My Body, My Rights project. Our common goal is to strengthen girls’ lifelong reproductive freedom and tackle some of the deep-rooted, systemic obstacles that prevent people - especially women and youth - from living safer and healthier lives. How? By increasing access to care, creating supporting contexts for choice and advocating for investment. Our work is community-driven and based on fostering local partnerships. At the heart of this collective action are Roma volunteers, girls and boys, health mediators and local NGOs, leading grassroots change and advocating for their own unique communities. Doctors, community nurses and teachers are working with them to help deliver lasting impact. And some decision-makers are stepping up and beginning to make much-needed investments in more equitable access to reproductive healthcare. We are proud to share highlights of our work, recommendations to decision-makers and resources for further reading. Explore our new microsite!   

COVID-19 created the largest health and socio-economic crisis of our generation. Many health systems were pushed to the brink by restrictive measures rushed in to respond to the pandemic, resulting in the deprioritisation of some existing healthcare services. In almost all European countries, COVID-19 had a negative impact on the delivery of vital sexual and reproductive healthcare, including maternal health and family planning, for women and groups that face barriers to accessing care, including young people. The pandemic also uncovered weaknesses within our systems and exposed the fact that countries are not adequately prepared to deal with health emergencies. To help bring about positive change for young people, IPPF European Network is working to strengthen healthcare systems through the project Youth Voices, Youth Choices, and to remove all kinds of barriers preventing youth from accessing essential care in five Balkan countries: Albania; Bosnia & Herzegovina; Bulgaria, Kosovo and North Macedonia. We are focusing particularly on the needs of those living in remote areas, as well as those from communities that face challenging social conditions, such as the Roma. POLICY RECOMMENDATIONS In October 2022, IPPF EN launched a set of regional policy recommendations that call on decision-makers to listen to young people and uphold their SRHR as they build back health and social systems in the wake of the pandemic. Presented at the European Parliament on 26 October by youth advocates and experts, with the support of MEP Fred Matić, the recommendations were developed by a group of specialists who came together to develop a blueprint for designing systems that prioritise access to youth-friendly SRH care, and better support of young people’s health and well-being. The policy recommendations are available for download below. RESEARCH REPORT  As a basis for this work, in 2021 and early 2022, we conducted a study to provide us with a clearer picture of the impact of the pandemic on young people’s SRHR. The data was published in a series of reports presenting the findings of the study, carried out by and among youth in five Balkan countries. The reports, available for download below, document young people’s SRH needs and experiences and the perspectives of healthcare providers and other relevant stakeholders on these needs. They also capture the latter’s needs as they deliver services, information and education to young people, building on their experience of COVID-19. YOUTH VOICES Young people are at the heart of this work. They were part of the teams that carried out the research presented in the reports below. They participated in the expert groups that developed our regional recommendations for policy change at national and regional level, and they are being supported and empowered to advocate for these changes. And they have carried out a series of interviews among their peers to share stories in young people's own words of how the pandemic affected their access to SRHR, and what their vision is for a more youth-friendly future that listens to the younger generations and upholds their SRHR.

“Sex without consent is rape”. This statement sounds self-evident. And yet our laws and our lived experiences show that it is still far from being universally recognized and understood. On two recent occasions, watching fiction with friends - Game of Thrones and Basic Instinct - where scenes of rape were depicted, we found ourselves debating whether these were in fact rapes. To me, it was very clear that the female characters on screen did not consent to sex. But since in both scenes, they knew the men, and had previous relationships with them, others felt that this was somehow enough to downplay these situations and question whether they did constitute rape. This brought home for me, once again, how far we still have to go. If my friends, who are pretty committed to gender equality, cannot identify rape in fiction, then what about broader society, and most importantly what about real life?   A societal problem Polls reflect this alarming reality. More than a quarter of Europeans believe that sexual violence can be excused: 27% said that "sexual intercourse without consent can be justifiable" in certain situations, most such circumstances having to do with the behaviour of the victim. When surveys don’t use the word “rape” but factually describe situations that constitute rape, they expose how pervasive it is: a poll in France revealed that out of almost 100 000 female respondents, more than half (53.2%) reported having experienced non-consensual penetrative sex with one or more partners. On the other side of the same coin, recently 63 male students out of 554 surveyed in the UK admitted to having committed 251 sexual assaults, rapes, and other coercive and unwanted incidents. The study also showed that these perpetrators were significantly more likely to believe that women are to blame for being assaulted, and to hold hostile views about women. We are still collectively terrible at identifying, and condemning, sexual violence. It’s not a mystery why. We live in a society which blames victims/survivors, in order to let violent men off the hook: that is the primary function of rape culture. Laws are the result of the patriarchal culture we live in and reflect this toxic mindset. We need urgent and concrete actions to address sexual violence on both fronts: to change legislation, and to change mentalities.   Reflected in legislation In Europe, shockingly, most countries do not criminalise sex without consent. Their laws usually require the use of force or coercion as an additional factor in order for a non-consensual act to be considered as sexual violence. According to a review of the legislation of European countries done by Amnesty International in 2020, only 12 European countries out of 31 analysed had laws that define rape as sex without consent. This is despite the fact that most countries have ratified the Council of Europe’s Istanbul Convention, the first legally binding comprehensive instrument to prevent and combat violence against women and domestic violence. The Convention clearly states that engaging in non-consensual sexual activity constitutes sexual violence. It further says that “consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances”. How is it possible that so many countries ratified this landmark treaty, yet have not changed their legislation to bring it in line with its binding requirements? Inadequate laws on sexual violence have a devastating impact on victims/survivors. They encourage victim blaming, excuse violence, and fail to prosecute rapists. Instead of looking for proof that the perpetrator used enough force or assessing whether the victim/survivor put up enough resistance, the legal system should focus on whether the victim/survivor explicitly consented to sex. And if not, that should be enough to constitute sexual violence. “Yes means Yes” laws represent a necessary change of paradigm to protect victims/survivors more effectively.   The road ahead In June 2021, in a most welcome development only made possible by intense mobilization by women’s rights NGOs, Slovenia changed its law on sexual violence to adopt a consent-based legislative proposal. Spain is also currently reviewing its legislation on sexual violence, to adopt a consent-based model. The “Only Yes Means Yes” bill follows the shocking ‘La Manada’ case, where a group of men were initially found guilty of the lesser offence of sexual abuse instead of rape, because the prosecution could not prove that they used force against the victim/survivor. Other countries must follow suit, urgently. All European countries must ratify and implement the Istanbul Convention, including by changing their legislation to comply with its legal definition of sexual violence. Changing laws and mentalities goes hand in hand: putting an end to rape culture will require not just a change of legislation, but profound societal transformation too. Education is key in that regard. Relationship sexuality education, which teaches children and young people about consent in intimate relationships, is essential [1]. The European Commission is now working on a new legislative proposal to prevent and combat violence against women. This Directive should tackle the issue of sexual violence, and unequivocally adopt the definition of the Istanbul Convention, namely that sex without consent is rape. The Directive should also include comprehensive relationship and sex education as a key prevention measure, to improve young people’s understanding of consent, enable them to identify sexual violence, discourage them from perpetrating it, and empower them to report it.   By Camille Butin, Advocacy Adviser IPPF EN   [1] Facing the facts: the case for comprehensive sexuality education Can education stop abuse? Comprehensive Sexuality Education: Advancing Human Rights, Gender Equality and Improved Sexual and Reproductive Health Preventing Intimate Partner Violence Among Young People—a Qualitative Study Examining the Role of Comprehensive Sexuality Education

The Youth SpectActors project, implemented in Serbia, Romania, Latvia and Estonia, addresses the root causes of gender-based violence (GBV), namely traditional patriarchal systems based on harmful and rigid gender norms around masculinity and femininity, gender-based discrimination and unequal power relations. Young people are at the centre of our intervention, because of the far-reaching impact of GBV in their lives – as survivors, perpetrators, or bystanders. We believe that young people have a key role they play as change agents. To this end we run theatre-based workshops where boys and girls who participate literally walk in one another's shoes to help challenge and dismantle 'gender roles'. Gender roles are merely roles that we are playing all our lives, and this is why playing them on the stage makes perfect sense. By dismantling archaic stereotypes, we can foster equality and prevent violence and coercion within relationships. Relationship and sexuality education, in school settings and outside, plays a key role in ensuring the safe emotional and physical development of young people.