Majority backs new rape law

Focus of the new legislation will shift from saying ‘No’ to saying ‘Yes’

Kaukab Tahir Shairani

Sep 2, 2020

A parliamentary majority has backed the new law on rape presented on Tuesday, DR reports.

The minister of justice, Nick Hækkerup, presented the legislation along with support parties Radikale, Socialistisk Folkeparti and Enhedslisten.

Onus on ‘Yes’, not ‘No’
The minister said that the law, if passed, will be a “huge step towards equality”.

He added that if a participant in sexual intercourse does not obtain consent prior to intercourse, they shall be convicted of rape.

In addition, the law will shift the focus from saying ‘No’ to saying ‘Yes’.

Support from left
Enhedslisten’s legal spokesperson, Rosa Lund, reiterated the minister’s point of view. She said the new law focuses on instances when there is doubt about consent.

Kristian Hegaard, the spokesperson for Radikale, deemed the new law “legal history”, claiming that about 6,000 to 24,000 cases of sexual abuse happen every year, but only 1,000 are reported.

What is consent?
The legislation further states that consent can be firmly established by asking, or established indirectly by means of behaviour.

“Kisses, touches, pleasing sounds and relevant movements can be expressions of consent,” the proposal reads.

However, kissing does not qualify as consent on its own – for example, were it to occur hours before sexual intercourse takes place.

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