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 debate that gained urgency after the Pelicot rape trial, involving 50 men found guilty of raping Gisèle Pelicot while she was drugged unconscious by her husband, Dominique.
The defense for many accused centered on the claim they could not be guilty of rape due to being unaware of her lack of consent. The updated law aims to address this issue by defining consent as free and informed, specific, prior and revocable.
The law now stipulates that consent must be evaluated contextually and cannot be inferred from silence or lack of reaction. It states there is no consent if the sexual act is committed through violence, coercion, threat or surprise, whatever their nature.
Two lawmakers who pioneered the amendment described it as a historic victory and a substantial step forward in tackling sexual violence.
Despite some criticism, including fears of redefining sexual relationships as contracts, France's Council of State endorsed the amendment for reinforcing personal and sexual freedoms.
Initially adopted by the National Assembly in April, the progression of the bill faced delays amid political turmoil, but was ultimately passed with 327 votes in favor and only 15 abstentions.
Previous arguments about consent being imperative in determining rape had been highlighted, with advocates noting that France's laws lagged behind societal acceptance of the concept. The new legislation aligns France with other European nations that already have consent-based rape laws, such as Sweden, Germany, and Spain.
