30.01.2026 15:31
In France, the National Assembly passed a bill that explicitly guarantees that the interpretation of sexual relations in marriage as a "duty" is no longer valid, ensuring that consent cannot be automatically assumed in marriage. Under the new regulation, spouses cannot be forced into sexual relations, and not engaging in sexual relations cannot be considered "fault" in divorce.
The French National Assembly has approved a bill aimed at ending the legal approach that views sexual relations in marriage as a "duty." With the regulation approved on Wednesday, it was explicitly stated in the French Civil Code that marriage does not impose an obligation for sexual relations between the parties.
AN EXPLICIT PROVISION ADDED TO THE CIVIL CODE
According to reports in the French press, the new law clarified that the principle of "cohabitation" involved in marriage does not mean an obligation for sexual relations, through an article added to the Civil Code. The regulation also prevented the absence of sexual relations from being used as a justification in fault-based divorce cases.
"MARRIAGE CANNOT BE A SPACE WHERE SEXUAL CONSENT IS GIVEN FOR LIFE"
Although the law is not expected to create a fundamental change in court practices, supporters of the regulation emphasize that it is an important symbolic threshold in the fight against marital rape. Marie-Charlotte Garin, a member of the Green Party and the sponsor of the bill, stated that presenting sexual relations in marriage as a right or duty creates pressure, especially on women, and said, "Marriage cannot be a closed space where sexual consent is given for life."
THE SOURCE OF CONTROVERSIES: INTERPRETATIONS OF "COHABITATION"
In the French Civil Code, the obligations of marriage are still defined under the headings of "respect, fidelity, support, and cooperation," and reference is made to the responsibility of spouses to live together. Although there is no explicit provision regarding sexual relations in the law, some courts have previously interpreted this concept broadly, considering sexual relations as part of the obligations of marriage.
THE ECHR DECISION WAS A TURNING POINT
One of the most debated examples of this approach occurred in a case seen in 2019. The court found a woman who had long refused sexual relations with her husband at fault and accepted the man's fault-based divorce request. The woman brought the decision to the European Court of Human Rights (ECHR). In a ruling last year, the ECHR condemned France, ruling that using the refusal of sexual relations as a reason for divorce was contrary to human rights. This decision effectively prevented similar rulings in the French judiciary.
THE MAZAN CASE AND SOCIAL DEBATE
Women's rights advocates point out that sexual relations in marriage are still perceived as a "duty." The Mazan case, seen in 2024, emerged as one of the symbolic files of this debate. The experiences of Gisèle Pelicot, who was drugged by her husband and sexually assaulted by multiple men while unconscious, highlighted the severe consequences of the misinterpretation of the concept of consent in marriage.
MARITAL RAPE AND THE NEW DEFINITION OF CONSENT
In France, marital rape has been considered a crime since 1990. Previously, defenses could be made that marriage implied automatic consent. With another legal regulation that came into effect in November, the definition of rape was expanded. According to the new definition, rape is considered any sexual act carried out without "informed, explicit, prior, and revocable consent." The law also clearly emphasizes that silence or lack of response does not imply consent.