4 Amendments of Jana TOOM related to 2022/0066(COD)
Amendment 313 #
Proposal for a directive
Recital 13
Recital 13
(13) Rape is one of the most serious offences breaching a person’s dignity and sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain. Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
Amendment 329 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Non-consensual sexual acts that are committed without penetration should also be included as a criminal offence in Member States due to the gravity and lasting consequences on the victim's dignity and wellbeing, including a severe physical, emotional, psychological, and sexual impact.
Amendment 786 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Sexual Assault, excluding rape 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) engaging with a woman in any non- consensual act of a sexual nature; (b) causing a woman to engage with another person in any non-consensual act of a sexual nature. 2. Member States shall ensure that a non- consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability. 3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct.
Amendment 902 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Member States shall ensure that the criminal offence referred to in Article 5a is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.