Senators advocating for the inclusion of involuntary sexual activity in the formal understanding of rape.
In a groundbreaking shift for French law, the concept of non-consent is on the verge of being officially integrated into the penal code, defining sexual assault and rape more stringently. Following a unanimous vote, with some abstentions, on June 18, 2025, a bipartisan legislative proposal introduced by Marie-Charlotte Garin (The Ecologists, Rhône) and Véronique Riotton (Renaissance, Haute-Savoie) was adopted.
The government-backed bill aims to revise the current definitions of sexual assaults and rape, spotlighting the absence of consent as the central criterion. According to the new wording, any sexual act lacking the victim's consent, committed through violence, coercion, threat, or surprise, would fall under the purview of sexual assault or rape. Significantly, consent is now defined as "free and informed, specific, prior, and revocable," and it's no longer deemed implicit based on victim silence or inaction.
European countries such as Germany, the Netherlands, Spain, and Sweden have already embraced this approach, focusing on lack of consent to define sexual offenses. The new French legislation provides further clarity, underscoring that under circumstances formerly described as violence or surprise, there exists no consent.
What sets the new definitions apart from the current law is the emphasis on the absence of explicit consent rather than the presence of violence or coercion as the primary determinant of a crime. This changed focus aligns French legislation on sexual violence more closely with contemporary European standards, aiming to provide improved protection and justice for victims.
Here's a side-by-side comparison of the key aspects of the proposed changes:
| Aspect | Current Law in France | New Proposed Law ||----------------------------|----------------------------------------------------------|-------------------------------------------------------|| Core legal focus | Sexual penetration by force, violence, threat, or surprise | Any sexual act without explicit consent || Requirement for rape | Presence of violence, constraint, threat, or surprise | Absence of free, informed, specific, prior, and revocable consent || Interpretation of silence | Silence or lack of reaction can imply consent | Silence or lack of reaction cannot imply consent |
In essence, the upcoming law abolishes the need to prove force or coercion to convict rape or sexual assault, focusing instead on determining whether an act was consensual. Obtaining justice for victims while aligning France's legislation with broader European standards on sexual violence remains at the heart of these innovative reforms.
The government's proposed legislative changes in France focus on revising the definitions of sexual assaults and rape, emphasizing the absence of explicit consent as the central criterion. These revisions align French legislation on sexual violence with contemporary European standards, offering improved protection and justice for victims in the realm of policy-and-legislation and general-news, following politics. France's approach, like that of other European countries, places equal importance on lack of consent as a determining factor in sexual offenses, contrasting with the current law's primary focus on violence or coercion.
