French Woman Wins Landmark Appeal Against Marital "Duty" on Sexual Relations

A French woman has triumphed in a pivotal ruling by the European Court of Human Rights, advocating for updated perspectives on marital relations and women's rights.

A 69-year-old French woman, referred to as Ms. H.W., has achieved a significant legal victory with the European Court of Human Rights (ECHR) ruling that her refusal to engage in sexual relations should not be considered as fault in her divorce proceedings. The unanimous decision, delivered on Thursday, stated that her rights to private and family life, as guaranteed under European human rights law, had been violated by French courts.

The ruling comes after a protracted legal battle spanning nearly a decade, during which Ms. H.W. faced numerous court decisions that leaned heavily against her interests. The case has ignited discussions about consent within marriage and the expectations placed on women in marital relationships in France. Her lawyer, Lilia Mhissen, argued that the ruling dismantles the antiquated notion of "marital duty" in France, urging the need for the judiciary to reflect contemporary understandings of consent and gender equality.

Supporters of Ms. H.W. emphasized that this decision dismantles an "archaic vision of marriage" upheld by French judges, which contributes to the perpetuation of harmful gender stereotypes and ideas surrounding marital obligations.

The marital history of Ms. H.W. began with her marriage to JC in 1984, during which they welcomed four children—one of whom has a disability that requires extensive care. Strains within the marriage became pronounced after the birth of their first child, and by 2002, abuse became a troubling reality for Ms. H.W. Following the deterioration of their relationship, she stopped engaging in sexual relations in 2014 and filed for divorce in 2012.

Although she sought the divorce herself, the contention arose over the grounds assigned to it. Initially, a court in Versailles ruled against her and favored her husband's claims, while France's highest court later rejected her appeal without providing clarity. This led her to take her case to the ECHR in 2021.

The ECHR's findings indicated that government intervention in personal matters like sexuality should only arise under serious circumstances and highlighted that the legal notion of "marital duties" overlooks the necessity for consent in sexual encounters. It affirmed that marriage does not inherently imply an obligation to engage in sexual relations, underscoring that equating a refusal to consent with fault would dilute the seriousness of marital rape as a significant crime.

This landmark ruling arrives in the wake of heightened awareness in France surrounding consent, spurred by the recent case of Dominique Pélicot, who was convicted for drugging his wife and facilitating gang rape by multiple men. This trial has intensified calls for reforming how French law approaches the subject of consent.

Feminist advocates emphasize that this ruling reinforces the urgent need to realign French legal frameworks and societal expectations with modern interpretations of consent, fully recognizing the autonomy of individuals in intimate relationships. A report from French lawmakers echoed this sentiment by recommending that the legal definition of rape include a clear emphasis on non-consent, noting that consent should be both freely given and maintain the right to be withdrawn at any point.