The new law states that consent can be given verbally, through body language, or in other ways. If the situation is unclear, consent must be asked for and a confirming response received.
The Minister of Justice and Digital Affairs, Liisa Pakosta, said that the new law does not make changes regarding intimate relationships but rather addresses sexual violence. "We are not going to look into someone's bedroom or dictate what people can do. If a person has, for example, drunk wine and says they consent to sex, their consent is valid. But if a person is too drunk and does not understand what is happening, consent is not valid," said Pakosta.
A 2024 survey showed that 9 out of 10 people believe that both parties must ensure the other is willing during sexual activity. Only 3% of people thought that consent does not need to be confirmed. Pakosta said that the new law is precisely for this 3%.
According to the new law, the handling of sexual offenses will change. Previously, it was examined whether force or coercion was used in the crime. Now it will be looked at whether there was consent. The law states that any sexual act without consent is punishable.
This law supports people's right to decide over their bodies. It aligns with society's understanding that sexual relationships should be voluntary. The law also makes Estonia's Penal Code compliant with the Council of Europe's Istanbul Convention, which Estonia signed in 2017.