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 states that all sexual acts done to another without consent constitute rape.
This change is a result of a cross-party, years-long debate, gaining 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 accused relied on the argument that they could not be guilty of rape because they were unaware of Ms Pelicot's incapacity to consent. Such arguments are likely to become less tenable under the new legislation, which defines consent as free and informed, specific, prior and revocable.
The law clarifies that consent cannot be assumed from silence or lack of reaction and states, There is no consent if the sexual act is committed through violence, coercion, threat, or surprise, whatever their nature.
MPs Marie-Charlotte Garin and Véronique Riotton, who drafted the amendment, hailed it as a historic victory and a major step in combating sexual violence. However, critics expressed concerns that this could complicate sexual relations and make it challenging for victims to prove lack of consent.
The amendment received support from France's highest administrative court, the Council of State, which stated it would emphasize that sexual assaults violate fundamental personal and sexual freedoms. After being adopted by the National Assembly in April and successfully navigating political delays, the Senate has now passed the bill with a vote of 327 in favor and 15 abstentions.
Last year, it was argued that while society has come to accept that consent distinguishes sex from rape, the legal framework had failed to keep pace. Other European nations, such as Sweden, Germany, and Spain, already enforce consent-based rape laws, highlighting a progressive shift in addressing sexual violence.
