France has revised its legal definition of rape and sexual assault, formally incorporating the need for consent. The amendment, ratified by the French parliament, states that all sexual acts performed without consent now constitute rape. This legislative change follows years of debate, with its urgency highlighted by the Gisèle Pelicot rape trial, where 50 men were convicted.
New Legal Definition
The updated law defines consent as "free and informed, specific, prior and revocable." It specifies that consent cannot be inferred from "silence or lack of reaction" and clarifies that "There is no consent if the sexual act is committed through violence, coercion, threat or surprise, whatever their nature."
Previously, French law defined rape or sexual abuse as "any form of sexual penetration committed with the use of violence, coercion, threat or surprise."
Context of the Gisèle Pelicot Case
The Gisèle Pelicot case significantly influenced the amendment's progression. For over a decade, Ms. Pelicot's husband reportedly drugged her, facilitating other men to rape her while she was unconscious. Last year, 50 men were found guilty of raping Gisèle Pelicot under these circumstances.
During the trial, the defense for some accused individuals argued that they could not be guilty of rape because they were unaware Ms. Pelicot was unable to give consent. This argument posited that a crime could not exist without the intention to commit it. The new bill's definition of consent aims to address such interpretations.
Legislative Process and Support
The amendment was drafted by MPs Marie-Charlotte Garin (Greens) and Véronique Riotton (centrist). An initial version was adopted by the National Assembly in April. Following delays related to political developments, the Senate definitively adopted the bill with 327 votes in favor and 15 abstentions. The parliament subsequently granted final approval.
Proponents of the amendment, including its drafters, described its adoption as a "historic victory" and a "major step forward in the fight against sexual violence." France's highest administrative court, the Council of State (Conseil d'État), supported the amendment in March, stating it would "clearly express... that sexual assaults infringe upon the fundamental principle of everyone's personal and sexual freedom." Mélanie Vogel, a Greens senator, previously argued that while society generally accepted consent as the distinction between sex and rape, criminal law had not kept pace. Lola Schulmann, advocacy officer at Amnesty International France, also characterized the development as a "historic step forward."
Criticisms and International Context
Some critics of the amendment expressed concerns that it could lead to sexual relations being viewed as "contracts" or might place the burden on victims of rape to prove lack of consent.
France joins several other European countries, including Sweden, Germany, and Spain, which already have consent-based rape laws.