The French parliament has ratified an amendment to add consent to the legal definition of sexual assault and rape law.
Previously, rape or sexual abuse in France had been defined as any form of sexual penetration committed with the use of violence, coercion, threat or surprise. Now, the law will state that all sexual acts done to another without consent constitute rape.
This change stems from a cross-party, years-long debate that gained renewed urgency after last year's Pelicot rape trial, where 50 men were convicted of raping Gisèle Pelicot while she was drugged unconscious by her husband Dominique.
The defense of many of the accused hinged on the argument that they were unaware Ms. Pelicot was incapacitated and unable to give consent. With the new bill, arguments claiming the absence of crime due to lack of intent will be weakened, as it mandates clear definitions of consent, emphasizing that it must be free and informed, specific, prior and revocable.
The law now specifies that consent cannot be inferred from silence or lack of reaction. It unequivocally states, There is no consent if the sexual act is committed through violence, coercion, threat or surprise, whatever their nature.
The two MPs who drafted the amendment, Marie-Charlotte Garin of the Greens and centrist Véronique Riotton, hailed it as a historic victory and a major step forward in combating sexual violence.
While some critics raised concerns that the amendment could lead to sexual relations becoming overly contractual, the Council of State backed the change, asserting it reflects the principle of individual and sexual freedom.
After delays due to political turmoil, the Senate approved the bill with 327 votes in favor, marking a significant shift toward consent-based legislation, aligning France with nations like Sweden, Germany, and Spain that already employ similar consent laws.
