France includes explicit consent for sexual acts in its criminal law. The bill was also passed by the Senate, after previously being approved by the National Assembly (the lower house of parliament). This means that the text is finally adopted.
In particular, the law changes the definition of a sexual crime. According to it, “any sexual act without consent” will now constitute sexual violence. In addition, consent must be given “freely and informed, specific, prior and revocable”. It cannot be inferred solely from the victim's silence or lack of reaction, the text of the law also states.
This tightens the criminal law in the field of sexual crimes, since according to the previous wording in the Penal Code, rape was considered to be "any sexual assault committed by violence, coercion, threat or surprise".
The legislative change was influenced by the "Pellico" trial
Discussions about such a legislative change have been ongoing in France for a long time. The debate was reignited with renewed vigor around the case of Giselle Pellico, who was raped by dozens of men for years. During the trial, some of the defendants claimed that they did not have the impression that they were raping the woman, since she did not resist. Pellico's ex-husband repeatedly drugged her, sexually abused her and offered her to strangers for rape over a period of almost ten years. A total of 51 men were sentenced in southern France to prison terms ranging from three to 20 years for rape.
Only 13 countries have laws that define rape as "non-consensual sex" - this includes cases where women are deliberately prevented from resisting - for example, by using drugs or alcohol, or when their refusal is not taken seriously. These countries include Denmark, Greece, Sweden and Spain.
It's a little different in Germany
In Germany, the principle of "No means no" applies: according to a new law, passed more than 7 years ago, all sexual acts committed against the "explicit consent of another person" are considered rape and are punishable by imprisonment of six months to five years.
At the EU level, Germany blocked a directive last year that would have made the explicit consent rule, now adopted by France, a standard for the whole of Europe.