In brief
The French government has moved to eliminate the long-standing legal concept of marital duty to have sex, officially recognized by the National Assembly. The new law clarifies that the 'community of living' within marriage does not entail a duty of sexual relations, reinforcing individual rights and combating marital coercion. This change, while largely symbolic, aims to address deeper societal issues regarding consent and marital rape.
France is to enshrine in law the end of so-called conjugal rights – the notion that marriage means a duty to have sex.
A bill approved on Wednesday in the National Assembly adds a clause to the country's civil code to make clear that community of living does not create an obligation for sexual relations. The proposed law also removes the possibility of using lack of sexual relations as grounds for a fault-based divorce.
Supporters of the bill hope it will deter instances of marital rape, as it emphasizes that consent cannot be assumed within marriage.
According to Green MP Marie-Charlotte Garin, who sponsored the bill, maintaining a duty of sexual relations endorses a system of domination and predation within marriages. This legislative change addresses an ambiguity that existed despite the absence of explicit mentions of conjoined duty in French legal texts.
French civil code previously defined marital duties as respect, fidelity, support and assistance, but made no mention of any sexual rights. The concept of conjugal rights has historical roots in medieval church law, although modern judges occasionally interpreted the notion of community of living to include sexual relations.
In a landmark 2019 case, a woman's refusal to have sex was mischaracterized as grounds for a fault-based divorce. Following this, the European Court of Human Rights condemned France for allowing such arguments in divorce proceedings.
By rectifying the legal framework, France hopes to combat entrenched beliefs about marital obligations. The recent changes in the legal definition of rape will also enforce that consent must be informed, specific, anterior, and revocable.
