In a landmark move, the French parliament has ratified a significant amendment to its sexual assault and rape laws, placing consent at the core of the legal definition. Previously, rape in France was defined as sexual penetration involving violence, coercion, threat, or surprise. The revised law now explicitly states that any sexual act performed without consent constitutes rape. This change follows years of cross-party debate, which gained momentum after the high-profile trial of Gisèle Pelicot, a woman who was drugged and raped by multiple men at the behest of her husband. The case highlighted critical loopholes in the existing law, particularly the defense argument that perpetrators could not be guilty of rape if they were unaware the victim could not consent. The new legislation clarifies that consent must be ‘free, informed, specific, prior, and revocable,’ and cannot be inferred from silence or lack of reaction. The amendment, drafted by MPs Marie-Charlotte Garin of the Greens and Véronique Riotton of the centrist party, has been hailed as a ‘historic victory’ and a major advancement in combating sexual violence. Critics had raised concerns that the law could complicate sexual relations or place undue burden on victims to prove lack of consent. However, France’s highest administrative court, the Council of State, endorsed the amendment in March, emphasizing its alignment with the fundamental principle of personal and sexual freedom. The bill, initially adopted by the National Assembly in April, faced delays due to political turmoil but was definitively approved by the Senate with overwhelming support. Amnesty International France praised the move as a historic step forward, aligning France with other European nations like Sweden, Germany, and Spain, which already have consent-based rape laws.
