France Overhauls Rape Law to Prioritize Consent Following Gisèle Pelicot Case

France has passed landmark legislation redefining rape and sexual assault to explicitly require clear, affirmative consent, a major shift in French criminal law prompted by the high-profile case of Gisèle Pelicot. On October 29, 2025, the French Senate approved the bill overwhelmingly with 327 votes in favor and 15 abstentions following earlier passage in the National Assembly. The new law replaces the previous narrow definition of rape, which required penetration combined with violence, coercion, threat, or surprise, with a broader standard stating that any non-consensual sexual act is rape or sexual assault.

The legislation clarifies that consent must be "freely given, informed, specific, prior and revocable," and emphasizes that consent cannot be presumed from silence or the absence of resistance. This transformative change aligns France with other European countries like Belgium, Spain, Germany, and Sweden, which have adopted similar consent-based definitions.

The reform was propelled by the landmark trial of Gisèle Pelicot, who was drugged and abused over several years by her ex-husband and 50 others, all convicted in that case. The trial exposed shortcomings in the previous law, where defendants argued the victim’s incapacitation nullified consent, highlighting the urgent need for clearer legal standards.

Supporters including MPs Marie-Charlotte Garin and Véronique Riotton hailed the bill as a historic victory in shifting France from a "culture of rape" to a "culture of consent." However, some opponents from far-right parties criticized the legislation, fearing it could contractually overcomplicate sexual relationships and challenge evidentiary standards. Advocates and the Council of State have defended the law as a vital protection of personal and sexual freedoms.

Campaigners, including Amnesty International France, acknowledge this as a critical step forward but continue to call for enhanced sex education and police training to fully realize the law’s impact. The French parliament’s move signals a new era of consent-centric jurisprudence aimed at better protecting survivors and redefining societal attitudes toward sexual violence.