French National Assembly Adopts Law Defining Rape by Non-Consent
A transpartisan bill redefines rape to incorporate non-consent into its legal framework, following a significant parliamentary vote.
On March 31, 2025, the French National Assembly registered a notable shift in legal definitions surrounding sexual assault by adopting a bill that incorporates non-consent into the penal definition of rape.
This law, which received support from across the political spectrum, passed with a vote of 161 in favor and 56 against, although opposition emerged from members of the National Rally, the ciottiste UDR group, and several socialist deputies.
Proponents of the bill, such as co-rapporteur Marie-Charlotte Garin from the Ecologist party, expressed a sense of collective progress, stating, "we are moving from a culture of rape to a culture of consent." However, the proposal has sparked debate among legal experts and feminist organizations.
Critics worry that the emphasis on non-consent might shift the focus of investigations onto the behavior of victims rather than that of the accused.
Supporters counter that this amendment aims to cover scenarios not adequately addressed in existing law, particularly those involving victims in states of shock or confusion.
Aurore Bergé, the Minister for Gender Equality, underscored that the crux of the issue is not the perpetrator's perception but rather the victim's wishes.
She stated, "Consent is present in judicial procedures but absent from French law, which currently does not sufficiently penalize assailants."
The bill redefines sections of the penal code related to all forms of sexual assault, specifying that "any sexual act without consent" constitutes rape.
It delineates consent as "free and informed, specific, prior, and revocable," evaluated based on surrounding circumstances.
It further clarifies that "there is no consent if the act is committed with violence, coercion, threats, or surprise," conditions already outlined in current legal definitions.
In the lead-up to the vote, around fifty women gathered outside the Assembly in support of this legislative change, as organized by feminist movements.
Sarah Durocher, president of a family planning organization, emphasized the importance of demonstrating widespread feminist backing for parliamentarians and described the legislation as indicative of a shifting mindset regarding consent.
The next phase for this proposal will involve scrutiny by the Senate.
In related legislative news, the Ministry of Health announced on April 1, 2025, that individuals conceived through assisted reproductive technology (ART) would have the right to access information about their donors upon reaching adulthood.
This new provision, part of the 2021 bioethics law, facilitates access to identifying and non-identifying data related to the donor, clarifying that individuals will be able to request details including the donor's name, age, physical characteristics, and health status.
This development represents a significant advancement for children born through donor egg and sperm services, allowing for greater awareness of their genetic backgrounds when they reach adulthood.
Each new donor under the current system of gamete donation is required to consent to this future disclosure of information.
Reports from health authorities noted that, as of the end of March 2025, almost 30,000 out of 100,000 previously anonymous donor samples remained, many of which are no longer usable due to meeting the threshold of allowed births per donor or failing to meet updated quality standards.
In education, the municipality of Saint-Ouen is considering the relocation of Émile-Zola nursery school, which has found itself situated within a known drug trafficking area.
This temporary measure, described as an urgent conservatory action by mayor Karim Bouamrane, aims to ensure the safety of children and staff.
A consultation with parents is planned to determine a long-term solution.
Despite the school’s precarious situation, the mayor emphasized that the school’s closure would represent a societal retreat in the face of drug trafficking.
Local authorities continue to grapple with the complex dynamics of ensuring public safety in the context of urban drug challenges.
This law, which received support from across the political spectrum, passed with a vote of 161 in favor and 56 against, although opposition emerged from members of the National Rally, the ciottiste UDR group, and several socialist deputies.
Proponents of the bill, such as co-rapporteur Marie-Charlotte Garin from the Ecologist party, expressed a sense of collective progress, stating, "we are moving from a culture of rape to a culture of consent." However, the proposal has sparked debate among legal experts and feminist organizations.
Critics worry that the emphasis on non-consent might shift the focus of investigations onto the behavior of victims rather than that of the accused.
Supporters counter that this amendment aims to cover scenarios not adequately addressed in existing law, particularly those involving victims in states of shock or confusion.
Aurore Bergé, the Minister for Gender Equality, underscored that the crux of the issue is not the perpetrator's perception but rather the victim's wishes.
She stated, "Consent is present in judicial procedures but absent from French law, which currently does not sufficiently penalize assailants."
The bill redefines sections of the penal code related to all forms of sexual assault, specifying that "any sexual act without consent" constitutes rape.
It delineates consent as "free and informed, specific, prior, and revocable," evaluated based on surrounding circumstances.
It further clarifies that "there is no consent if the act is committed with violence, coercion, threats, or surprise," conditions already outlined in current legal definitions.
In the lead-up to the vote, around fifty women gathered outside the Assembly in support of this legislative change, as organized by feminist movements.
Sarah Durocher, president of a family planning organization, emphasized the importance of demonstrating widespread feminist backing for parliamentarians and described the legislation as indicative of a shifting mindset regarding consent.
The next phase for this proposal will involve scrutiny by the Senate.
In related legislative news, the Ministry of Health announced on April 1, 2025, that individuals conceived through assisted reproductive technology (ART) would have the right to access information about their donors upon reaching adulthood.
This new provision, part of the 2021 bioethics law, facilitates access to identifying and non-identifying data related to the donor, clarifying that individuals will be able to request details including the donor's name, age, physical characteristics, and health status.
This development represents a significant advancement for children born through donor egg and sperm services, allowing for greater awareness of their genetic backgrounds when they reach adulthood.
Each new donor under the current system of gamete donation is required to consent to this future disclosure of information.
Reports from health authorities noted that, as of the end of March 2025, almost 30,000 out of 100,000 previously anonymous donor samples remained, many of which are no longer usable due to meeting the threshold of allowed births per donor or failing to meet updated quality standards.
In education, the municipality of Saint-Ouen is considering the relocation of Émile-Zola nursery school, which has found itself situated within a known drug trafficking area.
This temporary measure, described as an urgent conservatory action by mayor Karim Bouamrane, aims to ensure the safety of children and staff.
A consultation with parents is planned to determine a long-term solution.
Despite the school’s precarious situation, the mayor emphasized that the school’s closure would represent a societal retreat in the face of drug trafficking.
Local authorities continue to grapple with the complex dynamics of ensuring public safety in the context of urban drug challenges.
