France’s parliament has redefined rape and sexual assault laws to explicitly include lack of consent, stating that any sexual act without “free, informed, specific, prior and revocable” consent constitutes rape.
The amendment closes a legal loophole exposed by the Pelicot case, where defendants argued they were unaware the victim could not consent, highlighting flaws in the previous definition that required proof of violence or coercion.
The reform is hailed as a “historic victory” and brings France in line with other European nations like Sweden, Germany, and Spain that already have consent-based rape laws.
France Redefines Rape Law To Include Lack Of Consent
France becomes another country that has adopted consent-based definitions of rape. Others include Sweden, Germany and Spain.
Summary
In a landmark move, the French parliament has ratified an amendment that explicitly adds consent to the legal definition of rape and sexual assault, marking a major shift in the country’s criminal law.
Until now, France defined rape or sexual assault as any sexual penetration “committed with the use of violence, coercion, threat or surprise.” The new legislation broadens this definition, declaring that any sexual act performed without consent constitutes rape. Consent, the law specifies, must be “free and informed, specific, prior and revocable,” and cannot be inferred from “silence or lack of reaction.”
The reform follows years of debate and gained momentum after the high-profile Pelicot case, in which 50 men were convicted of raping Gisèle Pelicot, who had been drugged unconscious by her husband. Many defendants argued they were unaware she was incapable of consenting, exposing a loophole in the previous law. The new provision aims to close that gap, clarifying that the absence of consent alone is enough to establish a crime.
The amendment, drafted by Green MP Marie-Charlotte Garin and centrist MP Véronique Riotton, was hailed as a “historic victory” and “a major step forward in the fight against sexual violence.” It received overwhelming approval in the Senate with 327 votes in favour and 15 abstentions, before being ratified by parliament.
While critics warned that the law could turn sexual relationships into “contracts” or make it harder for victims to prove lack of consent, France’s Council of State backed the amendment earlier this year, affirming that it strengthens protection of personal and sexual freedom.
Human rights advocates welcomed the move as aligning France with a growing list of European nations — including Sweden, Germany and Spain — that have adopted consent-based definitions of rape. “This is a historic step forward,” said Lola Schulmann of Amnesty International France, “bringing criminal law in line with society’s understanding that the difference between sex and rape is consent.”
Advertisement
Published At: