France's New Consent Law Marks A Landmark Shift in Rape Legislation

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.

The change follows a cross-party, years-long debate that was reignited last year after the high-profile Pelicot rape trial, in which 50 men were found guilty of assaulting Gisèle Pelicot while she was drugged unconscious by her husband.

The defence of many of the accused relied on the assertion that they could not be guilty of rape because they were unaware Ms. Pelicot was not in a position to give her consent. This new bill will undermine that argument, stating that consent must be 'free and informed, specific, prior and revocable.'

Moreover, the law emphasizes that 'there is no consent if the sexual act is committed through violence, coercion, threat or surprise, whatever their nature.'

Marie-Charlotte Garin and Véronique Riotton, the MPs who drafted the amendment, describe it as a 'historic victory' and a major advance in the fight against sexual violence.

While the amendment has garnered support, critics are concerned that it may complicate sexual encounters, turning them into contracts and possibly forcing victims to prove lack of consent.

The Conseil d'État, France's highest administrative court, endorsed the amendment, asserting that it reinforces the principle of personal and sexual freedom. The National Assembly first adopted the version of the bill in April, and despite political disturbances, the Senate finalized its approval with a decisive majority of 327 votes in favor.

Supporters argue that this move aligns French criminal law with the societal understanding that consent is the defining factor between sex and rape. Other European nations, including Sweden, Germany, and Spain, have already embraced similar consent-based legal frameworks.