In a significant development for women’s rights in France, Minister of Justice Eric Migaud expressed support for amending the legal definition of rape to include the term “consent.” Currently, French law defines rape primarily through concepts of “violence, coercion, threat, or surprise,” without explicitly mentioning consent.
Speaking on France Inter radio, Migaud affirmed his backing for the change, highlighting ongoing advocacy from women’s rights groups. These organizations argue that the absence of consent should unequivocally categorize all non-consensual sexual acts as rape, emphasizing the need for a legal framework that reflects this principle. They point out that only a small fraction of rapes or attempted rapes result in convictions, underlining the inadequacies of the current law.
President Emmanuel Macron also indicated his support for incorporating consent into the definition during remarks made in March. This initiative has gained urgency in light of a high-profile rape trial that began in early September, which has captured national attention.
The trial involves Dominique Pelicot, 71, who has confessed to drugging his ex-wife, Gisele Pelicot, to assault her while she was unconscious. This horrifying case, which reportedly spanned nearly a decade, also includes 50 co-defendants, all being tried in Avignon, with proceedings expected to last until December. Many defendants have contended they believed they were participating in consensual activities, although some have acknowledged that Gisele Pelicot did not consent.
Gisele Pelicot, now divorced, has been lauded for her bravery in insisting that the trial be public, aiming to shed light on the use of drugs to facilitate sexual violence. This case has prompted renewed discussions on consent and the legal ramifications of sexual assault in France.
The conversation around consent is not unique to France; in 2023, Spain enacted the “Only yes means yes” law, which mandates that all non-consensual sex is classified as rape. Similar legislation has been adopted in countries such as Sweden, Greece, Denmark, and Finland, reflecting a broader movement towards recognizing and enforcing the principle of consent in sexual offenses.
As France grapples with these pressing issues, the push for legal reform could significantly impact the fight against sexual violence and reshape societal attitudes towards consent.
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