Norwegian lawmakers on Friday adopted a bill that would change the definition of rape to lack of consent, rather than the current standard focusing on violence, threats or taking advantage of a vulnerable person.
The legislation, backed by a majority in the country’s parliament, is modelled on the “only yes means yes” law in neighbouring Sweden.
Once adopted in a second parliamentary vote, the amendment would be applied to the existing criminal statute.
Violators would face a maximum prison term of six years in cases where consent was not given.
Denmark, Greece and Spain already treat non-consensual sexual acts as rape.
Under the change in the Norwegian law, consent must be clearly expressed verbally or with a gesture.
“(Currently) the law considers it rape only if there has been violence, threats or if someone has taken advantage of the vulnerability of a person unable to resist,” Justice Minister Astri Aas-Hansen said in April when she presented the government’s bill.
“But there may be other reason why a person cannot, or fails to, refuse a sexual advance,” she added.
Whether victims of sexual assault remained motionless, intoxicated or paralysed by fear during the act and were unable to fight back would be taken into account under the amendment.