Estonian government approves draft sexual consent law
The government has approved a bill which will mean clear consent is required from all involved ahead of any activity of a sexual nature.
The amendment sets in place the principle that consent can be expressed both verbally and non-verbally, including in words, by body language, and in other ways.
Consent must be requested and a clear response in the affirmative must be received before proceeding in situations which are adjudged to be not unambiguous, the bill states.
Minister of Justice and Digital Affairs Liisa Pakosta (Eesti 200) said the changes are not intended to regulate intimate relationships, but to curb sexual abuse and violence.
"We are not climbing up into anyone's bedroom nor are we going to dictate in any way what may consensually be enacted together. If a person has, for example, consumed a glass of wine and then says they agree to sex, then their consent would be valid. However, consent cannot be freely given and informed in a situation where intoxication is so strong that the person no longer comprehends what is happening around them," the minister went on.
"Furthermore, the results of a victim survey ordered in 2024 reveal that nine people out of ten are supportive of the idea that in sexual activities, both parties should ensure that the partner agrees to the activity. Only 3 percent of respondents thought that one does not need to make sure of consent and that, as long as the partner has not stated that they disagree, consent can be presumed. It is precisely for those 3 percent that this draft law is intended," Pakosta added.
The bill will amend the Penal Code, shifting the approach to sexual crimes from one based on force and coercion to one based on consent (the so-called "yes-model"). Once in force, any intercourse or any other act of a sexual nature without consent will be punishable regardless of whether they involved any form of violence, a helpless state on the part of the victim, or the abuse of a relationship involving dependency.
The bill supports people's right to sexual self-determination and corresponds to society's understanding of a sexual relations culture that respects free will, proponents say.
The provisions of the Penal Code will also, with the change, be aligned with the Council of Europe Istanbul Convention, which Estonia joined in 2017.
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Editor: Andrew Whyte, Mari Peegel
