France has taken a significant step in redefining marital relationships by abolishing the concept of “conjugal rights,” which suggested a duty for spouses to engage in sexual relations. On March 6, 2024, the National Assembly approved a bill that amends the French civil code to clarify that a “community of living” does not impose any obligation for sexual relations between married partners.
The proposed law further stipulates that a lack of sexual relations cannot be used as a basis for fault in divorce proceedings. While legal experts anticipate minimal immediate impact on court rulings, advocates believe this change will help combat the persistence of marital rape. According to the bill’s sponsor, Green MP Marie-Charlotte Garin, allowing any notion of marital duty regarding sex “gives our approval to a system of domination and predation by husband on wife.” She emphasized that marriage should not be seen as a context where consent is considered automatic and perpetual.
Clarifying Legal Ambiguities
Historically, the notion of “conjugal duty” was rooted in medieval church law, yet it has evolved over time. Currently, the French civil code outlines the duties of marriage as “respect, fidelity, support and assistance,” with no explicit mention of “conjugal rights.” Nonetheless, judges have occasionally interpreted “community of living” to encompass sexual relations, leading to contentious divorce cases.
A notable case in 2019 involved a woman who faced a divorce granted on fault grounds after allegedly withholding sex from her husband. This decision was challenged, and the European Court of Human Rights (ECHR) condemned France for permitting such grounds for divorce. The ECHR’s ruling has rendered similar judgments practically unfeasible in France, making the new law primarily a formal clarification rather than a radical change in legal practice.
Addressing Societal Norms
Despite the legal changes, the notion that wives owe their husbands sexual compliance continues to exist in certain societal segments. The Mazan trial of 2024, involving the rape of Gisèle Pelicot, has highlighted the dangers of this mindset. In that case, several defendants claimed they assumed consent based on statements made by her husband.
Since 1990, French law has recognized marital rape, countering previous arguments that marriage implied consent to sexual relations. As of November 2023, the legal definition of rape has expanded to include any act performed without “informed, specific, anterior and revocable” consent, clarifying that silence or inaction does not equate to consent.
The recent legislative move signifies France’s commitment to reinforcing the importance of consent in marriages and marks a pivotal moment in the ongoing discourse surrounding gender equality and individual rights. This law reflects a broader shift towards acknowledging personal autonomy within the institution of marriage, a change that advocates hope will foster healthier relationships and deter abuse.
