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Watch: Malta Doesn’t Want To Add Rape In An EU Directive On Violence Against Women

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Malta is one of 17 countries blocking an essential move to include the definition of rape based on a lack of concept in a directive that aims to protect women from gender-based violence. 

“Malta, stop the resistance in the council to include a clear definition of rape in the directive of gender-based violence. Rape is a result of no consent and this must be written down in the directive and we need to do it now. We did it at home, let’s do it in the EU,” MEP Cyrus Engerer said in a debate that took place yesterday, on the International Day for the Elimination of Violence Against Women. 

The new EU Directive dedicated to fighting violence against women and domestic violence is currently being discussed between the European Parliament and the Council for the final shape of the law.

The Commission and the EP both have a strong position, supporting its inclusion, however, the Council – which is the body of member states – is rejecting the inclusion of rape in this law which was originally drafted to protect women from this very crime. 

The Council’s legal service states that there is no legal basis to include rape in the directive and that rape is not considered sexual exploitation. This opposes the legal services of the EP as well as the Commission’s opinions. 

“This is very strange because it is obvious that rape is violence,” Engerer said. 

Even Maltese Commissioner Helena Dalli supports the definition of rape being included in the directive. 

The definition of rape outlined in Article 5 of the directive is penetrative sex without consent with a body part or object, this is the same definition in Malta’s national law.

Moreover, as it stands, the EU legislation aims to criminalise rape when the victim says no, nothing at all, and/or is coerced, pressured, or intimidated into sexual activity.

Yet, Malta is one of the 17 states rejecting this aspect of the directive. Currently, only 10 countries are in favour. 

Lovin Malta has reached out to the Permanent Representative in the EU and is currently awaiting a response.

Last month, two MEPs directly pled to the European citizenry to pressure their local governments and representatives to support the directive in its entirety and tackle this crime the way that they should.

This action was co-financed by the European Union in the frame of the European Parliament’s grant programme in the field of communication. The European Parliament was not involved in its preparation and is, in no case, responsible for or bound by the information or opinions expressed in the context of this action. In accordance with applicable law, the authors, interviewed people, publishers or programme broadcasters are solely responsible. The European Parliament can also not be held liable for direct or indirect damage that may result from the implementation of the action.

Why do you think Malta opposes the inclusion of the definition of rape in this directive?

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Ana is a university graduate who loves a heated debate, she’s very passionate about humanitarian issues and justice. In her free time you’ll probably catch her binge watching way too many TV shows or thinking about her next meal.

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