France Adopts New Legislation Requiring Consent in Defining Rape

French lawmakers voted to add consent to the legal definition of sexual assault and rape on Wednesday, capping a yearslong battle by women’s rights advocates. Out of the 342 senators present, 327 voted in favor; 15 abstained. The change is aimed at strengthening protection for victims of rape and sexual violence, which has been a contentious issue in France. The new legislation aligns with other countries such as Canada and several European nations that have incorporated consent in their laws.

Key Takeaways:

• The new law defines rape as any nonconsensual sexual act, and specifies that consent must be "free and informed, specific, prior and revocable."
• The law assesses consent "in light of the circumstances," and states that it cannot be inferred solely from the victim's silence or lack of response.
• The French criminal code had previously defined rape as any form of sexual penetration committed on another person by violence, constraint, threat or surprise.
• The law gained momentum after a high-profile trial involving dozens of men who raped Gisèle Pelicot while she was unconscious, having been severely drugged by her husband.
• Women's rights advocates said that France had fallen behind other nations in strengthening protection for victims of rape and sexual violence.
• The change in the legal definition of rape was contentious, raising concerns and objections from lawmakers, feminists and lawyers.
• Some critics argued that the new law presented an insufficient fix to the wider social issue of sexual violence, which they said demanded much deeper changes.
• Lawmakers behind the act argued that the change was necessary because they thought sexual crimes have not been adequately punished.

Statistics:

• At least 230,000 acts of sexual violence occur in France each year.
• Fewer than half (around 115,000) of those incidents result in complaints to the police.
• Only about 8,000 (3.5% of total incidents) of sexual violence complaints result in a conviction.
• The new law aims to strengthen protection for victims of rape and sexual violence, which has been a contentious issue in France.

Sources:

• The New York Times (exact citation: "French Lawmakers Vote to Improve Definition of Rape")
• Agence France-Presse — Getty Images (photograph of Gisèle Pelicot leaving the courthouse during an appeal trial earlier this month)
• The Guardian (exact citation: "France to introduce consent as central concept in rape law")
• Le Monde (exact citation: "La définition du viol sera modifiée en France")