The consent law stipulates that sexual activity requires the clearly expressed consent of both parties; otherwise, it constitutes a crime. Work on drafting the law began two years ago.

"This is above all a values-based and paradigm-shifting change in Estonia's legal system. It seems to me that modern society is ready for sexual relations to be acceptable to both parties. It should be based on trust and mutual respect, not on whether I managed to leave quickly enough or say no," said Madis Timpson of the Reform Party, chair of the Riigikogu Legal Affairs Committee.

At the same time, legal practitioners say it will not change the administration of justice very much and such cases will often still come down to one person's word against another's, ultimately requiring proof.

"In my view, our court practice has interpreted the definition of rape relatively broadly, particularly regarding violence or, above all, a state of helplessness. From a practical standpoint, I do not see a gap in the current law that this provision would help eliminate," said Erkki Hirsnik, chair of the criminal chamber of the Tartu Circuit Court.

"We completely agree that the wording of the law needed to be changed. Will it change anything in our practice? No, from the perspective of the Prosecutor's Office or the police, it changes nothing. We remain the institutions responsible for gathering evidence, analyzing it and deciding whether there are grounds to bring charges," explained Arika Lepp, senior prosecutor at the Northern District Prosecutor's Office.

Nevertheless, prosecutors are eagerly awaiting the consent law. Above all, they believe it will encourage more victims to contact the police. This way, they will not be left alone and can receive help more quickly, even if only psychological support. That hope is supported by the experience of other countries that have implemented consent-based legislation.

"The experience of other countries has shown that in borderline cases that previously would not have gone to court, people are now more willing to proceed because those acts clearly meet the definition of a crime," Lepp added.

According to Hirsnik, a wide range of situations are already interpreted broadly under current practice.

"All sexual acts committed while the victim was asleep have been considered to have taken place while the victim was in a state of helplessness. There was also a relatively recent case involving the exploitation of an element of surprise: someone was in the water and was unexpectedly grabbed — there too, it was found that the victim was in a state of helplessness," Hirsnik noted.

If there is neither violence nor helplessness and the victim, for example, decides to endure the act out of self-preservation, such cases are currently difficult to bring to court, according to Lepp. The new law could help support such cases.

"There are few people who physically resist. Few victims fight for their lives. The focus of evidence shifts slightly elsewhere. Whereas we currently prove violence or helplessness, in some cases we will begin proving consent or the lack of it," Lepp explained.

"We have objective or constitutional barriers: the presumption of innocence and the principle that doubts must be interpreted in favor of the accused. The hope that this legislative amendment will solve all future problems and disputes is not particularly realistic," Hirsnik acknowledged.

Timpson said that during the legislative process he came to realize the law was needed in order to change certain mindsets still heard here and there.

"It was painful for me to hear opinions in the committee that if it's Midsummer and there's a need, then there should be exceptions, and besides, this would help solve the birth rate problem. I was left speechless. Another view was that if you are married and have said yes once, it applies in advance until the end of the marriage. I find that very difficult to agree with," Timpson said.

According to the plan of the Riigikogu Legal Affairs Committee, the consent law will be passed at the beginning of June and could enter into force at the start of next year.

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