ICYMI: France Finally Recognizes Consent-Based Definition Of Rape In Landmark Legislation

Rape had long been defined under Article 222-23 of the French Penal Code as sexual penetration committed through "violence, constraint, threat or surprise." The ambiguous definition left wide gaps and failed to address situations that fell outside these traditional markers of force.

But change is underway as France redefines rape as a "non-consensual sexual act," a move that expands protections for survivors and strengthens the tools available to the justice system.

The French Senate recently adopted a new legislation that redefines rape and sexual assault using a consent-based definition, with a majority of 327 votes in favor.

According to Reuters, the legislation states that consent must be "freely given and informed and able to be withdrawn." It also clarifies that "[Consent] cannot be presumed from mere silence or the absence of resistance on the part of the victim."

The legislation arrives years after the #MeToo movement gained momentum across Europe in 2017, a period that pushed countries like Germany, Britain, and Spain to adopt similar consent-based definitions of rape.

Amnesty International welcomed the "historic victory" in the French legislation, emphasizing that amending outdated laws surrounding sexual violence and rape are essential to ensuring justice. 

"Taking this final step towards amending the outdated law and recognizing that non-consensual sex is rape will help to prevent and combat sexual violence and improve access to justice for victims of sexual violence," Lola Schulmann, Gender Justice Advocacy Officer at Amnesty International France, said. 

"The adoption of the law will be crucial to change attitudes about rape, but it is not a silver bullet. A true paradigm shift will require substantial financial resources and a truly intersectional perspective in its implementation to put an end to impunity for gender-based and sexual violence," she added. 

This momentum for reform intensified after the Gisèle Pelicot case, which drew global outrage. Gisele endured years of harrowing sexual assaults while drugged and unconscious, raped repeatedly by her then-husband and other men he contacted from the Internet from 2011 to 2020. 

The case exposed weaknesses in the legal definition of rape in France, limiting it to acts with violence or coercion. 

According to Human Rights Watch, the case led to 51 convictions and at the same time, fueled urgent demands to enshrine consent in the law rather than rely solely on the outdated definition. It cited the study of Institute of Public Policy which states that 94% of rape complaints and 86% of sexual violence complaints were dismissed in the period of 2012 to 2021. 

"People need to understand consent not just as an abstract legal concept, but a fundamental principle governing all intimate interactions," Human Rights Watch said.

Experiencing sexual assault is an incredibly difficult and traumatic experience. However, it is important to remember that you are not alone, and support is available to help you navigate the path to healing and seek justice.

If you feel that you need counseling and/or legal advice for yourself or anyone else, please contact the Violence Against Women (VAW) Desk of the Philippine Commission on Women at (02) 8735-1654, 0917-867-1907, or 0945-455-8121 (Globe). You can also reach out to the Philippine National Police (PNP) Women and Children Protection Center (WCPC) to file a complaint by calling 0966-725-5961 (Globe) or 0919-777-7377 (Smart). Here is a more complete list of hotlines you can reach out to for further assistance.