French lawmakers are debating a major change to how rape is defined in the country’s penal code – an amendment that would make it clear that sex without consent is a crime.
The bill, which was examined in the National Assembly on Tuesday, comes after years of criticism over France’s handling of sexual violence cases.
“Sexual crime has not decreased; victims are not better protected and rape culture persists,” lawmakers Marie-Charlotte Garin and Véronique Riotton warned in a January report calling for reform.
They cited a troubling statistic: in 2018, the Ministry of Justice reported that 73 percent of sexual violence complaints were dismissed with no further action.
At present, French law defines rape as an act committed through “violence, constraint, threat or surprise”. Those behind the bill say that definition is too narrow – it fails to cover situations where victims are paralysed by fear, under someone’s influence, or unable to resist.
"Despite consent being central to judicial proceedings, French law remains silent on this crucial point," said Greens lawmaker Marie-Charlotte Garin.
She warned this silence "opens the door to misunderstandings and allows perpetrators to manipulate consent to their advantage".
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A new legal test
The proposed law would add a fifth element – lack of consent. Supporters say this would change how sexual violence cases are handled from the very start.
“During the investigation, police will first have to ask the suspect how they made sure the other person had agreed,” said François Lavallière, first vice-president at the judicial court of Rennes.
“Before even considering violence, coercion, threat or surprise, they’ll need to explain what steps they took to confirm that their partner genuinely agreed – and was able to give that consent. So the questions asked during the investigation, and later in court, will be different right from the outset.”
The bill makes it clear that consent must be “free and informed, specific, prior and revocable”. Silence or a lack of resistance cannot be taken as agreement.
Lavallière said this would help eliminate grey areas and weak legal defences.
“The law sets out situations where even apparent consent wouldn’t count – for example, if it was obtained through violence or threats, or if the person wasn’t fully capable of saying no,” he added.
“I’ll give you an example. A partner might agree to vaginal penetration. If the man then assumes this gives him permission for anal penetration, the consent is invalid. Under this bill, consent must be specific and informed – and it can be withdrawn at any time.”
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Victim-blaming concerns
Some feminist groups and legal experts worry the change could backfire by putting victims’ behaviour under the microscope.
“It is extremely dangerous,” said Emmanuelle Piet, a doctor and president of the Feminist Collective Against Rape.
“This would shift the focus to how the victim behaved – exactly the opposite of what we want. ‘Threat, constraint, violence, surprise’ is enough. That focuses on the strategy of the aggressor, not whether the victim said no clearly enough.”
Garin and Riotton argue that current law already allows silence to be treated as consent – and this reform would help correct that.
Others fear the new wording could make it harder for complainants, by requiring them to prove they didn’t consent. But Lavallière insisted that’s not how the law would work.
“The first thing the police or judge will ask is: ‘You say she agreed. How did you check that? What made you sure she was willing?’” he said.
“No one will be asking the complainant: ‘How did you say no? How did you show you weren’t OK with it?’”
The Council of State, which reviewed the bill, also said investigations would “obviously not be directed towards the complainant” but “towards the perpetrator”.
Lavallière said this shift should help end common assumptions. “You won’t be able to say anymore: she had a drink with me, or came to my room – so she must have agreed to what followed.”
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Missing resources
Some critics argue the real problem isn’t the law – it’s the lack of proper investigation.
“When you file a complaint today, there’s no obligation for prosecutors or investigating judges to investigate before dismissing,” said Violaine de Filippis-Abate, lawyer and co-founder of the Feminist Legal Action association.
“You can file a complaint and then hear nothing. What we need now is funding – to ensure that every complaint leads to questioning the accused, investigating the context, searching devices. That’s where the evidence comes from, not just from rewriting the law.”
Lavallière, who also teaches criminal law at Sciences Po Rennes, said the reform could help reduce the guilt many victims feel for not having been able to say no.
Under the new approach, it would be up to the accused to explain how they knew the other person had consented.
“That could change things when you see how many victims waited years to file a complaint because they thought, ‘I didn’t manage to say no, so I wouldn’t be believed’,” Lavallière said.
If the bill is approved by the National Assembly, it will then go to the Senate for debate.
