The French parliament has approved an amendment to redefine sexual assault and rape by incorporating the concept of consent into the legal framework. Previously, sexual violence in France was characterized by “any form of sexual penetration committed with the use of violence, coercion, threat or surprise.” With the new amendment, any sexual act performed on another individual without consent will now be classified as rape.
This change follows extensive cross-party discussions driven by events such as the Pelicot rape trial, where a significant number of men were convicted for raping Gisèle Pelicot while she was unconscious due to drugs administered by her husband. In this trial, some defendants argued they could not be guilty of rape as they were unaware that Ms. Pelicot was unable to give consent.
The newly enacted law stipulates that consent must be “free and informed, specific, prior and revocable” and cannot be derived from “silence or lack of reaction.” It further clarifies that any sexual act under violence, coercion, threat, or surprise is non-consensual.
The amendment was drafted by MPs Marie-Charlotte Garin from the Greens and Véronique Riotton from the centrists, who claimed it represented a crucial advancement in combating sexual violence. However, there were concerns from some critics that the amendment might necessitate a contractual understanding of sexual relations or burden victims with proving a lack of consent.
France’s Council of State supported the amendment, asserting it would underline the violation of personal and sexual freedom through sexual assault. The initial proposal was passed by the National Assembly in April but faced delays due to political issues. Ultimately, the Senate approved the bill with 327 votes in favor and 15 abstentions, leading to its final endorsement in parliament. Other European countries, including Sweden, Germany, and Spain, already have similar consent-based laws in place.
Source: https://www.bbc.com/news/articles/ce9d3ldgg5vo?at_medium=RSS&at_campaign=rss