The Ministry of Justice has prepared a draft law. The state has chosen the 'yes-model'. This means that rape will be defined by the absence of consent. Previously, the victim had to prove that they said "no" or showed resistance.
According to the law, a party to sexual activity must express their consent. Consent can be given verbally, through body language, or in another way. Silence is not consent. If consent is absent, the other party must verify it. Consent must be voluntary.
Currently, Estonian laws do not fully comply with European requirements. The new law aims to shift from a violence-based approach to a consent-based one. This means that non-consensual sexual acts will be punishable.
Currently, rape requires violence or a state of helplessness. If a person did not want to participate in a sexual act but did not resist, it is not currently considered rape. The new law will change this.
The law also specifies when consent is invalid. For example, if a person is coerced through violence or threats. Consent is also invalid if the person is sick, drunk, or frightened.
Justice Minister Liisa Pakosta says that people fear someone could be convicted without cause. However, Estonia follows the presumption of innocence. A person is convicted only based on evidence.
Pakosta says that in countries where the 'yes-model' has been in place for a long time, there have not been more convictions. She hopes the new law will reduce crimes.
Gynecologist Kai Part says the 'yes-model' is better than the 'no-model'. Under the 'no-model', the victim must say "no" or show resistance. But many victims freeze in fear and cannot resist. The 'yes-model' allows for clearer expression of consent.
Legal scholars worry that the law will not change society. They say current laws are sufficient. The Supreme Court has already expanded the concept of helplessness.
The draft law is open for proposals until September 1. The Riigikogu will discuss it at the end of September. The law may come into force next year.
In 2024, 746 sexual crimes were registered in Estonia. 88 of them were rapes. 95% of the victims were women.