On Wednesday, the Riigikogu approved the so‑called consent law, which establishes that clear consent is required for sexual relations.
A total of 69 members of parliament voted in favor and eight voted against.
The explanatory memorandum to the bill notes that under current law, if a person reports to the police that they were raped, it is legally considered rape only if violence was used against the victim or if the victim was in a helpless state (i.e., unable to resist or understand what was happening).
Estonia has joined the Istanbul Convention, which requires that sexual intercourse without a person’s consent be punishable, regardless of whether violence was used or whether the victim was in a helpless condition.
After the law enters into force, engaging in sexual intercourse with a person or involving them in other sexual activities will always require their consent.
“This consent does not have to be verbal, but it must be clearly expressed and voluntary. Sex without consent is punishable even if no violence was used against the victim,” the explanatory memorandum states.
As the next step, the law will be submitted to President Alar Karis for promulgation.
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