In a significant legal reform, France has moved to abolish the concept of “conjugal rights,” which historically implied that marriage included an obligation for spouses to engage in sexual relations. The National Assembly approved a bill on Wednesday that aims to clarify that a “community of living” does not equate to a duty for sexual intimacy, marking a pivotal shift in how marital relationships are understood legally.
Legal Framework Under Review
The newly proposed legislation introduces a clause to the French civil code, explicitly stating that the lack of sexual relations cannot be cited as grounds for fault in divorce cases. While some legal experts believe its courtroom impact may be limited, advocates assert that the law serves a critical role in addressing and potentially curbing incidents of marital rape.
Marie-Charlotte Garin, the Green MP who sponsored the bill, articulated the need for change: “By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation by husband on wife. Marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.”
Historical Context and Modern Implications
The concept of conjugal duty has its roots in medieval church law, and while not explicitly stated in legal texts, it has been interpreted in modern cases as implying a marital obligation to engage in sexual relations. A notable ruling in 2019 highlighted this issue, where a woman was deemed at fault for withholding sex, leading to a divorce ruling that implied her guilt. This case propelled the issue into the spotlight, culminating in a ruling from the European Court of Human Rights (ECHR) last year, which condemned the use of sexual refusal as grounds for divorce.
The ECHR’s decision has effectively rendered similar judgments unfeasible in France, prompting the current legislation as a necessary clarification rather than a revolutionary change.
Societal Responses and Ongoing Challenges
Despite these advancements in legislation, the belief that spouses have a sexual obligation persists in various segments of French society. Campaigners point to the harrowing Mazan case of 2024, where Gisèle Pelicot was subjected to repeated sexual assaults by individuals invited by her husband. Testimonies from the defendants suggested they assumed her consent based on her husband’s assertions, illustrating the dangerous remnants of the conjugal duty mentality.
In the wake of the 1990 legal reform that recognised marital rape, France has made strides in defining consent. The legal definition has been broadened to encompass any act performed without “informed, specific, anterior and revocable” consent, firmly establishing that silence does not imply agreement.
Why it Matters
This legislative reform signals a crucial evolution in France’s approach to marital rights and responsibilities, challenging outdated notions of consent that have long been entrenched in societal attitudes. By dismantling the idea of a marital obligation to engage in sexual relations, France is not only addressing legal ambiguities but also fostering a cultural shift towards recognising individual autonomy within marriage. This law could empower victims of marital abuse and promote a deeper understanding of consent, ultimately contributing to a safer and more equitable society.
