The French Parliament has voted to add the definition of consent to its rape and sexual assault laws.
It comes after a French man was found guilty of drugging his now ex-wife into unconsciousness, raping her, and allowing 50 other men to rape her.
The amendment states “consent is free and informed, specific, prior and revocable”.
Some advocates have suggested the amendment puts an unfair obligation on victims.
Background
In 2020, Dominique Pelicot was investigated by police after he was caught filming up women’s skirts at a supermarket in southeastern France.
Police found a folder on Dominique’s computer labelled “abuses,” containing over 20,000 images of men raping his-then wife Gisèle while unconscious.
Pelicot pleaded guilty to charges of drugging and raping Gisèle andreceived the maximum sentence.
All 50 other men were also found guilty of charges including rape.
Gisèle Pelicot
Under French law, complainants have the right to remain private during a trial. Instead, Gisèleinsisted on “complete, total publicity”.
She sat in court while videos of herassaults were played, and the men accused of raping her gave testimony.
This month, one of the convicted men – Husamettin Dogan – appealed, denying that what he did was rape, telling the court it was a “sexual act” instead.
In response, Pelicot told the man in court: “When did I ever give you consent? Never.”
New definition
A French parliamentary committee produced a report earlier this month proposing a new definition of rape and sexual assault.
The definition states: “Consent is free and informed, specific, prior and revocable”.
A person’s “silence” or “absence of reaction” cannot be taken as consent.
It also states a person cannot have consented to sex if they were subject to “violence, coercion, threat or surprise”.
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Lower house minor party MPMarie-Charlotte Garin presented the report.
Garin explained people must be free and “fully capable of being able toconsent.”
The vote to change the definition passed with a majority in France’slower and upper houses.
President Emmanuel Macron now needs to sign off on the changes.
Since the #MeToo movement’s 2017 rise, consent-based sexual assault laws have increased in Europe, including in Sweden, Greece and Spain.
Discussion
During discussions in Parliament, Equality Minister Aurore Bergésaid: “Consent is at the heart ofour fight against sexual violence.”
Fellow government MP Guillaume Gouffier Valente labelled the bill “essential... for the protection of rape victims”.
In opposition, far-right National Rally member Sophie Vaginay-Ricourt said the definition is “legally unsustainable and morally dangerous.”
The topic of consent reform was brought up during DominiquePelicot’s trial.
At the time, Fondation des Femmes President Anne Cecile Mailfert told The Guardian“consent is the wrong issue,” as “itplaces the emphasis... on the victim, not the rapist.”
Gisèle’s lawyer made similar comments, warning it could “backfire” on victims.
He told media: “Our definition of rape is not perfect today, but it has the merit of not falling into this trap.”
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