Attempts to harmonise the definition of the crime of rape in the European Union through the scope of German, Spanish and Swedish legislation

Firstly, the aim of this paper is to discuss the measures taken by the European Union to combat gender-based violence, including attempts to ratify the Istanbul Convention. Secondly, the regulations concerning the definition of the crime of rape in three European Union states: Germany, Spain and Sweden are analysed. The main focus is on the adaptation of the definition of rape in line with the standard established by the Istanbul Convention. The analysis conducted shows that, although Sweden and Germany adopted different legal definitions of rape, where Sweden adopted the ‘only yes means yes’ model and Germany adopted the ‘no means no’ model, their regulations are in line with the standards of the Istanbul Convention. The same cannot be said of the Spanish regulation, since coercion or intimidation are still required for the existence of elements of the crime of rape.