In August, politicians announced that Estonia was opting to pursue "yes means yes" consent model and plans to amend the Penal Code.

The model defines sexual acts without clear, affirmative consent as a crime, shifting the legal burden to the perpetrator to ensure consent is actively given, rather than requiring the victim to prove they explicitly resisted. 

Committee chair Madis Timpson (Reform) said under the new law that the approach to sexual offenses would shift away from a force-and-coercion understanding to a consent-based.

"According to a survey, 20 percent of women have experienced sexual violence in their lifetime. At the same time, the number of reported sexual offenses is on the rise. Unfortunately, reports of rape often do not lead to the initiation of criminal proceedings. This means that incidents cannot be investigated and potential perpetrators cannot be brought to justice," he said.

"The amendment is important to provide better protection for victims and to prevent sexual crimes. Currently, it must be determined whether the victim was able to resist and understand what was happening. Under the bill, it must be determined whether the victim expressed their consent. The bill sends a clear message: if there is no consent, it is a crime," Timpson continued.

During the sitting, it was noted that under the bill, entering into intercourse always requires the other party's consent. That consent does not have to be verbal, but it must be clearly expressed and given voluntarily.

Sex without consent would become punishable even if no violence was used against the victim.

Estonia is a party to the Council of Europe's Istanbul Convention, which stipulates that engaging in intercourse with someone without their consent should be punishable. The bill aligns Estonia's Penal Code with the convention.

The bill will be discussed in the Riigikogu on December 2.

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