French Assembly Moves to Redefine Consent in Sexual Assault Law
A proposed law aims to redefine rape and sexual assault under French penal law by establishing consent as a central element.
The French National Assembly is currently considering a transformative proposal to amend the penal definition of rape and other sexual assaults by incorporating non-consent as a core element.
The measure has sparked divided opinions among legal experts and women's rights groups.
Critics argue that this redefinition may inadvertently shift the investigative focus toward the victim's actions, while proponents maintain that it would address inadequately covered scenarios, such as situations of trauma.
This legislative initiative emerges in the wake of significant sexual assault trial cases, including the recent trials in Mazan.
According to Aurore Bergé, the Minister for Gender Equality, "Consent is at the heart of our fight against sexual violence.
It is a principle that should have been self-evident for years." The proposal is a product of a cross-party effort led by MPs Véronique Riotton and Marie-Charlotte Garin and stems from an extensive parliamentary information mission.
In presenting the proposal, Riotton highlighted that while consent is woven into judicial processes, it is conspicuously absent from existing French law, which inadequately punishes aggressors.
The proposed amendment seeks to redefine Article 222-23 of the penal code, which currently addresses all forms of sexual assault, categorizing them broadly as "any non-consensual sexual act." It aims to clarify what constitutes consent by specifying that it should be free, informed, specific, preliminary, and revocable.
The proposal emphasizes that consent cannot be inferred merely from silence or lack of resistance and reiterates that any sexual act involving violence, coercion, threats, or surprise constitutes a lack of consent, reframing existing legal terminologies.
The language of the proposal has been refined through collaboration with the Council of State, with adjustments made by the co-reporters during the legislative examination.
The proposal was adopted in committee the previous week with no votes against, although it faced abstentions, notably from the National Rally party.
The Socialist group displayed internal divisions, ultimately opting for a free vote on the matter.
In a report issued in early March, the Council of State identified that the key contribution of the proposed law would be to enhance existing legal interpretations which already recognize lack of consent as a critical element.
Opposition voices, including PS MP Céline Thiébault-Martinez, expressed concern that the proposal may not achieve its intended effect of enhancing victim recognition.
Thiébault-Martinez cautioned that the initiative might further penalize victims by positioning them in an adversarial context with investigators focused on their consent.
This claim was countered by Garin, who argued that introducing consent into legal frameworks has not resulted in victim-blaming in other countries like Spain, Sweden, or Denmark.
Justice Minister Gérald Darmanin stated on Tuesday that the responsibility would lie with the alleged perpetrator to demonstrate that they acted to ensure consent, indicating a shift in the burden of proof.
However, he clarified that the law would not impose a strict obligation for absolute proof akin to contractual agreements.
In parallel, a gathering of feminist activists voiced support for the parliamentary efforts, with organizers emphasizing the importance of solidarity between feminist movements and legislators.
The drafts of the proposal reflect a significant cultural shift regarding the treatment of sexual violence victims.
Prior to the ongoing legislative discussions, the Assembly unanimously passed a non-binding resolution aimed at preventing the victimization of individuals who experience physical and sexual violence, which urged the government to reaffirm its commitment to documenting all complaints comprehensively.
The measure has sparked divided opinions among legal experts and women's rights groups.
Critics argue that this redefinition may inadvertently shift the investigative focus toward the victim's actions, while proponents maintain that it would address inadequately covered scenarios, such as situations of trauma.
This legislative initiative emerges in the wake of significant sexual assault trial cases, including the recent trials in Mazan.
According to Aurore Bergé, the Minister for Gender Equality, "Consent is at the heart of our fight against sexual violence.
It is a principle that should have been self-evident for years." The proposal is a product of a cross-party effort led by MPs Véronique Riotton and Marie-Charlotte Garin and stems from an extensive parliamentary information mission.
In presenting the proposal, Riotton highlighted that while consent is woven into judicial processes, it is conspicuously absent from existing French law, which inadequately punishes aggressors.
The proposed amendment seeks to redefine Article 222-23 of the penal code, which currently addresses all forms of sexual assault, categorizing them broadly as "any non-consensual sexual act." It aims to clarify what constitutes consent by specifying that it should be free, informed, specific, preliminary, and revocable.
The proposal emphasizes that consent cannot be inferred merely from silence or lack of resistance and reiterates that any sexual act involving violence, coercion, threats, or surprise constitutes a lack of consent, reframing existing legal terminologies.
The language of the proposal has been refined through collaboration with the Council of State, with adjustments made by the co-reporters during the legislative examination.
The proposal was adopted in committee the previous week with no votes against, although it faced abstentions, notably from the National Rally party.
The Socialist group displayed internal divisions, ultimately opting for a free vote on the matter.
In a report issued in early March, the Council of State identified that the key contribution of the proposed law would be to enhance existing legal interpretations which already recognize lack of consent as a critical element.
Opposition voices, including PS MP Céline Thiébault-Martinez, expressed concern that the proposal may not achieve its intended effect of enhancing victim recognition.
Thiébault-Martinez cautioned that the initiative might further penalize victims by positioning them in an adversarial context with investigators focused on their consent.
This claim was countered by Garin, who argued that introducing consent into legal frameworks has not resulted in victim-blaming in other countries like Spain, Sweden, or Denmark.
Justice Minister Gérald Darmanin stated on Tuesday that the responsibility would lie with the alleged perpetrator to demonstrate that they acted to ensure consent, indicating a shift in the burden of proof.
However, he clarified that the law would not impose a strict obligation for absolute proof akin to contractual agreements.
In parallel, a gathering of feminist activists voiced support for the parliamentary efforts, with organizers emphasizing the importance of solidarity between feminist movements and legislators.
The drafts of the proposal reflect a significant cultural shift regarding the treatment of sexual violence victims.
Prior to the ongoing legislative discussions, the Assembly unanimously passed a non-binding resolution aimed at preventing the victimization of individuals who experience physical and sexual violence, which urged the government to reaffirm its commitment to documenting all complaints comprehensively.
