Lithuania’s government is moving toward criminalising sex without explicit consent, which has led to a firestorm of public reactions. Some critics have even alleged couples would have to visit a lawyer before spending a night together. What is actually behind the proposal?
Morgana Danielė and Ieva Pakarklytė, two MPs of the Freedom Group in the Seimas, have announced a package of proposals that will focus on protection from and prevention of sexual violence.
One of the proposals is to make it a criminal offence to engage in sexual relations without explicitly expressing free and voluntary consent. It has received vocal criticism from the judicial community.
Raimundas Jurka, a professor at Mykolas Romeris University (MRU), previously told LRT.lt the proposal “is completely uncontrollable and unworkable in reality”. He also said it would “interfere in people's personal relationships”.
However, the current regulations are not sufficient, as shown by several cases in the past, according to Monika Guliakaitė-Danisevičienė, a lawyer at the Lithuanian Centre for Human Rights.
In 2014, two men accused of raping a girl with disabilities were acquitted because “the evidence confirmed that the girl did not resist, even though she said ‘I don't want to’”, according to Guliakaitė-Danisevičienė.
“Although we have a specific case where the victim refused sexual intercourse, but for one reason or another did not or could not take active action, the perpetrators were acquitted in general. There are many such cases, and only a few cases reach the courts and the public,” said Guliakaitė-Danisevičienė.
“People are afraid to come forward, not only because victims of sexual violence are often plagued by shame and self-blame but also because they are blamed by the public,” Guliakaitė-Danisevičienė told LRT.lt.
‘Only yes means yes’
Reda Jureliavičiūtė, director of Lygiai, an NGO dealing with equality, notes that such amendments would change society's attitude. Sexual abuse is now usually equated only with psychological or physical violence, she said.
“New research speaks of stagnation, of the body's reaction when a person does not move, does not resist, is unable to do so because of shock, because of fear,” Jureliavičiūtė told LRT.lt.
The amendment to the law would therefore stipulate that sexual relations require explicit and free consent.
in August, Spain adopted the so-called “yes means yes” law, according to which sexual intercourse requires explicit consent, Jureliavičiūtė said.
The law was prompted by a story of a girl who was raped but did not resist or say anything because she was too scared. The perpetrators then received a lighter sentence.
“The attitude that consent is important, that it was not freely given, changes the attitude towards the situation,” said Jureliavičiūtė.
Fears of the law being misused are “irrational”, while the talk of needing lawyers to register consent is “nonsense”, she added.
“Talking and communication between partners are very important. This is especially important in cases of rape in bars with the help of narcotics. It is very difficult to resist or otherwise express unwillingness at that time,” said Jureliavičiūtė.
The recent debates surrounding the issue have also proven that changes are needed to raise public awareness about sexual violence, according to Guliakaitė-Danisevičienė, the lawyer at the Lithuanian Centre for Human Rights.
“It seems people have heard for the first time that consensual sex requires the free consent of both persons. No, this is not new, but there are cases where people escape criminal responsibility and the victims are left to deal with their traumatic experiences on their own,” Guliakaitė-Danisevičienė said.
The law will not protect everyone but will help achieve justice, she added.
According to Jureliavičiūtė from the Lygiai association, sexual violence in marriage is also very poorly recognised, and the number of such crimes is disproportionately low.
For example, only 31 cases of sexual violence in the domestic environment were registered in Lithuania in 2021.
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