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A Legal Revolution in France: Redefining Consent, Restoring Dignity

On October 29, 2025, the French Senate passed a bill introducing the notion of consent into national law, marking a major reform of the country’s approach to sexual violence. The legislation now defines consent as free and informed, specific, prior, and revocable, and clarifies that silence or lack of resistance cannot be interpreted as consent. This means that now, under the French Penal Code, any sexual act without such consent will constitute sexual assault.


This reform marked a fundamental shift from assessing the victim’s resistance to emphasising the perpetrator's obligation to ensure consent. It emphasises the importance of centring on bodily autonomy and the right to self-determination when discussing sexuality, as well as modernising France’s criminal code to allow more victims to get justice.

 

The bill followed the 2024 Pelicot rape trial, which drew international attention and brought to light the systemic nature of sexual violence. In this case, 51 men were convicted of raping Gisèle Pelicot. These assaults were organised and coordinated by her ex-husband, Dominique, who would chemically sedate her, then invite men to their home to assault her while unconscious. During the trial, many of the accused attempted to argue that they could not be found guilty as they were unaware that Gisele was unconscious and thus incapable of giving consent. 


This sparked national outrage and opened an unprecedented public debate about how legal systems often fail to define and recognise situations where consent is impossible. It exposed how existing French law, which defines sexual assault through violence, surprise, threat, or coercion, failed to address situations where voluntary agreement was absent. This definition allowed too many perpetrators to escape justice and undermined the voices of those who were silenced or disbelieved. Thus, symbolically, the case became a catalyst for cultural change, forcing France to confront the fact that its justice system had failed to recognise the most fundamental dimension of sexual autonomy.


Beyond exposing legal flaws, the trial also shattered myths about sexual violence. It underlined the prevalence of sexual violence and reminded the public that rape does not only occur in dark alleys at the hands of strangers, but that it can happen within the confines of one’s own home. In fact, according to the EU Agency for Fundamental Rights, one in 20 women in the European Union (EU) has been raped since the age of 15, and roughly one-third of rape victims have endured six or more assaults by their current partner. These figures illustrate the pervasive nature of sexual violence and the necessity for a victim-centred legal framework addressing all forms of abuse.


France has now joined 16 other countries in the EU that have already included a definition of rape based on non-consent in their legislation. This development marks a significant step for women in France and for the broader advancement of sexual rights. In an era marked by backslides in women’s rights, notably in the US, and the rise of masculinist movements seeking to delegitimise sexual assault and accountability, France’s reform offers a rare moment of progress. It shows that progress remains possible, despite backlash and cultural resistance.


Ultimately, the actual impact of this reform will depend on how it is implemented in future legal practice and public education. As Lola Schuman, Gender Justice Advocacy Officer at Amnesty International France, notes, the law will be crucial to change attitudes about rape, it is not a silver bullet. Cultural change cannot be legislated, but law can set the tone. By codifying the principle of affirmative consent and placing the burden of responsibility on the perpetrator, France has taken a decisive step toward a more just society, reinforcing the rights and dignity of survivors.

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