In a landmark decision that reshapes France's legal landscape, the French parliament has voted to explicitly define sexual consent in law for the first time. This historic move comes directly in response to the shocking Gisele Pelicot case that exposed critical gaps in the country's justice system.
The Case That Changed Everything
The legislative shift was catalysed by the harrowing experience of Gisele Pelicot, who was repeatedly raped by her husband over years. Despite overwhelming evidence, French courts initially failed to recognise the crimes because they occurred within marriage and lacked what traditional jurisprudence considered 'violence or constraint'.
Ms Pelicot's husband was originally acquitted, a verdict that sparked national outrage and highlighted how France's legal framework lagged behind other European nations in protecting victims of marital rape and sexual violence.
What the New Law Actually Means
The legislation introduces a crucial 'presumption of non-consent' into French law. This fundamental change means:
- Sexual intercourse is presumed non-consensual unless both parties clearly demonstrate their willingness
- The burden shifts toward establishing affirmative consent rather than proving resistance
- France aligns with the 'Only Yes Means Yes' standard adopted by several European neighbours
Justice Minister Eric Dupond-Moretti described the reform as "responding to the absolute necessity of taking into account the voice of victims" and ensuring France meets its international obligations on combating sexual violence.
A Political Watershed Moment
The vote saw rare cross-party unity, passing with overwhelming support in both parliamentary chambers. The legislation represents the most significant reform to France's sexual violence laws in decades and follows years of campaigning by women's rights organisations.
Conservative senators initially resisted certain provisions but ultimately supported the bill's core principles, recognising the urgent need for legal clarity following the Pelicot case and similar high-profile incidents.
Broader Implications for European Justice
France's move places it alongside Spain, Sweden and Belgium, which have already adopted similar consent-based legal frameworks. The reform is seen as part of a broader European trend toward strengthening protections against sexual violence and recognising psychological coercion as equally damaging as physical force.
Women's rights advocates have celebrated the decision as a "historic step forward" while emphasising that proper implementation and judicial training will be crucial to ensuring the law delivers meaningful change for victims.
