France Enacts Historic Consent-Based Definition of Rape into Law
France has adopted a landmark legal reform defining rape on the basis of consent, setting new standards for sexual violence laws and victim protection.
- • French Senate has passed a law defining rape based on lack of consent.
- • Consent must be free, informed, specific, and revocable; silence is not consent.
- • Legislation follows earlier approval by National Assembly and high-profile cases.
- • The law aligns France with other EU countries and international human rights standards.
Key details
The French Senate has passed groundbreaking legislation that defines rape based solely on the absence of consent, marking a historic shift in the country’s approach to sexual violence. This new law establishes that any sexual act without free, informed, specific, and revocable consent is classified as sexual assault. It explicitly rejects any assumption of consent through silence or lack of physical resistance, setting a clear legal standard to protect victims.
According to Amnesty International France’s Gender Justice Advocacy Officer Lola Schulmann, this reform is a "historic victory" resulting from years of activism by feminist groups and survivors. The change aims to foster a culture of consent and improve the training of legal professionals, crucial steps toward combating sexual violence and enhancing victims' access to justice. The Senate's vote followed earlier approval by the National Assembly on October 23.
The law's passage was also supported by centrist lawmaker Véronique Riotton, a coauthor of the bill, who described it as a "positive moment" showcasing parliament's ability to address key issues despite broader political gridlock. The reform gained momentum after high-profile cases like that of Gisèle Pelicot brought widespread attention to the need for clear legal standards on consent.
This legislative development aligns France with sixteen other EU member states, along with countries like Iceland, Norway, Switzerland, and the UK, which already have consent-based definitions of rape, complying with international human rights conventions such as the Istanbul Convention. However, Schulmann emphasized that while this law is a significant step, fully addressing sexual and gender-based violence requires substantial financial investment and an intersectional approach.
President Emmanuel Macron has expressed support for the law but has stated that he does not consider this a European-wide issue, noting that a prior European Commission proposal to mandate classification of all non-consensual sex as rape was withdrawn partly due to opposition from nations including France. The new French law represents a pivotal moment in the nation's efforts to legally recognize and address sexual violence through the lens of consent, promising improved protection and justice for victims.