Denmark’s Rape Regulation is Now Consent-Centered. It Took a Motion

As a human rights activist there are times in which we truly feel factors change.

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Danish Flag flies for the duration of the 92nd UCI Road Environment Championships 2019, Gentlemen Elite Highway Race a 261,8km race from Leeds to Harrogate 125m on September 29, 2019 in Harrogate, England.

One particular of those moments arrived last yr during a conference with Denmark’s then Justice Minister, Søren Pape Poulsen.

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I was there to focus on with him our Amnesty International’s Let’s Speak About Sure campaign to urge the federal government to adjust Denmark’s antiquated rape regulations. These regulations have remaining countless numbers of females unable to entry justice—women like the two survivor activists who ended up with me at the meeting.

I remember watching the Minister’s facial area as a single of the survivors explained in coronary heart-rending element how she was failed at every single phase of the Danish justice system following she noted staying raped by a buddy in 2018.

The Minister listened to her in silence.

I remember seeing his face. He was visibly moved. When he spoke, there was tremor in his voice. He admitted that he had been mistaken to argue that the proposed consent-centered rape legislation was not useful.

Until eventually now, Danish law has not defined rape on the basis of absence of consent. Alternatively, it utilised a definition centered on no matter if physical violence, menace or coercion was concerned or if the sufferer was uncovered to have been “unable to resist.” The assumption that a sufferer provides consent since they have not bodily resisted is erroneous. “Involuntary paralysis” or “freezing” has been regarded by authorities as a incredibly widespread physiological and psychological response to sexual assault.

How the legislation defines rape is a essential deciding component in irrespective of whether survivors are in a position to entry to justice.

Immediately after that assembly, the Minister of Justice began to openly guidance shifting the rape regulation. By declaring publicly that he had modified his brain, he gave others the risk to modify their minds much too. Now, Danish parliamentarians voted by way of a new consent-centered legislation with a huge greater part.

This historic day did not come about by possibility. It is the consequence of decades of campaigning by survivor teams. Amnesty Worldwide has been happy to be aspect of a broad coalition of women’s rights organisations, actions like Black Life Matter Denmark, survivor activists and youth activists, who with each other, have stored phone calls to improve the legislation on the agenda. Underneath the banners of the #LetsTalkAboutYes campaign, countless numbers of men and women took aspect in demonstrations all around Denmark and campaigners achieved with parliamentarians and government officers a lot of times.

This victory is also the result of persistent do the job within the Danish Parliament, in particular of the Purple Inexperienced Alliance party who have set forward various proposed modifications to the rape legislation about the several years. The improvements were voted down yet again and again—but they did not give up.

Amnesty International’s 2019 report on access to justice for rape survivors disclosed the extent to which girls and girls in Denmark continue on to be betrayed by out-of-date rape laws. It documented that impunity and dangerous gender stereotypes at every single stage of the legal method stand in the way of justice.

The report bought a lot of interest and we have been achieved with powerful conservative forces in society, who opposed the alter of law. But it also had another impact—numerous females arrived ahead to talk about their activities with the legal procedure. They explained the road blocks which prevented them getting justice, or talked about why they did not sense they could report their rape. The women of all ages also gave insights into the persistent gender stereotypes and old-fashioned views on male and woman sexuality which are however a actuality in Denmark.

It grew to become more durable for any politicians with hearts and ears to preserve justifying the standing quo.

On 17 December, Danish parliamentarians voted for the definition of rape to be modified from a force-centered one particular to underlining that sexual intercourse without having consent is rape, which means Denmark’s lawful definition of rape will finally align with worldwide human rights criteria these types of as the Istanbul Conference.

“The new law falls short of currently being crystal apparent in its commentary that passivity can not be taken to imply consent but despite this weak spot, it is nonetheless a large move forwards for Denmark”.

“It has been a historic and crucial fight, but it has not been devoid of consequences for a large amount of us who have made use of our individual situation to alter the law,” Kirstine Holst, a consent activists told me. “The resistance has been anticipated and difficult and it has appear from a great deal of locations. In my individual case it was the human being I noted to the police as properly as users of the firm of judges who attacked me in general public. I am joyful the regulation is now adjusted, but the battle is not above.”

This is a milestone for women’s rights. Right now we are celebrate, but tomorrow we will go again to work. The regulation is just the initial critical action. The future undertaking is to go on functioning on switching the tradition in Danish modern society and amid pros in the legal method. Only then will we be in a condition where by stories—like the 1 advised so bravely by the survivor of rape to the Minister of Justice—become considerably less and a lot less prevalent.

Helle Jacobsen is the senior coverage advisor and researcher on gender for Amnesty Global, Denmark.

The views expressed in this article are the author’s personal.

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