Norway moves forward with consent-based definition of rape

Norwegian legislators on Friday approved a bill that shifts the legal definition of rape to center on the absence of consent, moving away from the previous criteria which emphasized violence, threats, or exploitation of a vulnerable individual.

Supported by a parliamentary majority, the law draws inspiration from Sweden’s "only yes means yes" legislation.

Following a second parliamentary vote, the amendment will be incorporated into the country’s existing criminal code.

Offenders could face up to six years in prison under the new provision, which treats the absence of consent as the core element of rape.

Denmark, Greece, and Spain already define rape based on lack of consent, treating all non-consensual sexual acts as criminal offenses.

Norway is now set to follow suit, with the proposed legal change requiring that consent be clearly communicated, either verbally or through a physical gesture.

Presenting the bill in April, Justice Minister Astri Aas-Hansen noted that under the current law, rape is recognized only in cases involving violence, threats, or exploitation of a person's vulnerability.

"But there may be other reasons why someone cannot, or does not, reject a sexual advance," she said.

Under the proposed amendment, situations where victims remain passive, whether due to fear, intoxication, or paralysis, would be recognized as lacking consent, acknowledging that the inability to resist does not imply agreement.