Authors:
- Moa Bladini, Juridiska institutionen (Department of Law), Göteborgs universitet (University of Gothenburg) - ResearchGate

- Sofie Erixon: ResearchGate

- Sara Uhnoo, Institutionen för sociologi och arbetsvetenskap (Department of Sociology and Work Science), Göteborgs universitet (University of Gothenburg) - ResearchGate

Abstract: »After years of feminist struggle, international conventions, and the #MeToo movement, consentbased rape laws have rapidly been replacing coercion-based laws across Europe since 2017. In May 2023, we identified 20 European consent-based rape laws, and more were in progress. This article analyses the emergence and convergence of these laws, drawing on the theory of institutional isomorphism. The analysis is based on a collection of criminal codes, draft laws, news articles, previous research, and input from national experts. We map a timeline of consent-based rape laws in Europe and describe their key elements, identifying patterns such as international pressure, influential countries, civil society impact, and cases of sexual violence triggering national debates preceding legislative changes.« (Source: International Journal of Law, Crime and Justice)

Contents:

Abstract (p. 1)

1. Introduction (p. 1)

2. Fertile ground for consent-based rape laws in Europe (p. 2)

3. Theoretical framework: consent and isomorphism (p. 3)

3.1. Understanding consent (p. 3)

3.2. Using institutional isomorphism to understand rape law homogenisation (p. 3)

4. Methodology (p. 4)

5. Overview of consent-based rape laws in Europe: timeline and definitions (p. 5)

6. Exploring consent-based rape law emergence (p. 9)

6.1. Coercive isomorphism: formal and informal international pressure (p. 9)

6.3. Normative isomorphism: civil society impact (p. 10)

6.3.1. Slovenia and the 8th of March Institute (p. 10)

6.3.2. Denmark and rape survivors (p. 10)

6.3.3. Greece and the U-turn (p. 11)

6.4. Rhetorical isomorphism: triggers of national debates (p. 11)

6.4.1. Germany and the cologne attacks (p. 11)

6.4.2. Spain and the ‘La Manada’ case (p. 12)

7. Concluding discussion (p. 12)

Funding (p. 13)

CRediT authorship contribution statement (p. 13)

Declaration of competing interest (p. 13)

Acknowledgements (p. 13)

Appendix A (p. 13)

References (p. 15)

Wikipedia: History of Europe: History of Denmark, History of Germany, History of Greece, History of Slovenia, History of Spain | Law: Laws regarding rape / Consent | Sex and the law: Rape / History of rape, La Manada rape case 2015–16 New Year's Eve sexual assaults in Germany