Norway proposes redefining rape based on consent, not coercion

Norway aims to define rape on the basis of lack of consent, instead of the law’s current focus on violence, threats or taking advantage of a vulnerable person, according to a bill published Thursday.

A maximum jail term of up to six years could be imposed in cases of lack of consent under the proposed legislation, which follows a definition already applied in other nations.

Consent means that someone has expressed, through words or actions, their willingness to engage in sexual relations — in other words only a ‘yes’ is a yes,” Justice Minister Astri Aas-Hansen said in a statement.

For an accused to be found guilty of rape, the bill seeks to introduce “lack of consent” from the victim as the main criterion.

All sexual relations must be based on the free will of those involved, as is already the case in neighbouring Sweden.

“Today the law considers it rape only if there has been violence, threats or if someone has taken advantage of the vulnerability of a person unable to resist,” said Aas-Hansen.

“But there may be other reason why a person cannot or fails to refuse a sexual advance,” she added.

Whether victims of sexual assault remained motionless or paralysed by fear during the act and were unable to fight back will be taken into account.

“The Labour government wants to be clear both in law and in the message that we send to society: everyone’s right to sexual self-determination must be respected,” the minister said.

Aas-Hansen, a former judge and lawyer, said she had seen “the effects that rape can have on the quality of life” of victims, as well as their mental and physical health.

Rape makes it more difficult to trust others and oneself,” she added in a speech published on the government’s website.

Other countries have already introduced the notion of consent in their legislation on sex crimes.

In Sweden, a sexual consent law, which treats rape as any non-consensual sexual act, even without threats or violence, has been in force since 2018.

In Spain, a law nicknamed “only a yes is a yes” was introduced in October 2022 and makes explicit sexual consent compulsory.

Greece and Denmark also has legislation. In France a text has been adopted by the National Assembly but needs Senate approval.