[DoodleBob]

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022PC0105

Article 5
Rape

1.Member States shall ensure that the following intentional conduct is punishable as a criminal offence:

(a)engaging with a woman in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;

(b)causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.

2.Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.

3.Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct.

[Chicory]

It should make explicit that it is rape when committed through violence, threats of any sort, or fraud.