France moves to abolish concept of marital duty to have sex

[IwantToRetire]

France is to enshrine in law the end of so-called "conjugal rights" – the notion that marriage means a duty to have sex.

A bill approved on Wednesday in the National Assembly adds a clause to the country's civil code to make clear that "community of living" does not create an "obligation for sexual relations".

The proposed law also makes it impossible to use lack of sexual relations as an argument in fault-based divorce.

Though unlikely to have a major impact in the courts, supporters hope the law will help deter marital rape.

Article continues https://www.bbc.co.uk/news/articles/cgjwxdz45ywo

(I wonder how many countries still have laws like this, let alone having a society which in fact still thinks there is no such thing as marital rape, only marital rights - for the man.)

Woman have been victims to men for too long. Woman's rights for safety in marriage is so important. I hope this law becomes legal in France and other countries follow

There as a ruling in the UK that went to the Supreme Court i think 1992 re not being able to prosecute a husband for rape (which was his only defence)

they were, if i recall correctly, separated at the time.

A1 generated:

The legal right of a husband to have non-consensual sex with his wife in the UK was effectively abolished in 1991.

In the landmark case of R v R [1991] UKHL 12, the House of Lords ruled that the "marital exemption" (the idea that a wife gives irrevocable consent to sexual intercourse upon marriage) was an anachronistic and offensive legal fiction.

Here are the key details regarding this change:

• The Ruling: On October 23, 1991, the House of Lords formally declared that a husband could be guilty of raping his wife, establishing that marriage is a partnership of equals and consent cannot be assumed.
• Legal Shift: This ruling overturned a 250-year-old common law rule based on a 1736 doctrine by Sir Matthew Hale, which stated that a husband could not be guilty of rape upon his lawful wife.
• Regional Differences: Scotland had already removed the exemption in 1989.
• Statutory Confirmation: While the 1991 judgment made it illegal, this was later confirmed in statute by the Criminal Justice and Public Order Act 1994.

Prior to this ruling, while assault within marriage was illegal, forced sexual intercourse was not legally recognized as rape.

Thanks for that

@Hedgehogforshort Just one clarification: The House of Lords at the time had the role of the Supreme Court now.

The title of the article is highly misleading. Textbook clickbait. It implies that there used to be a concept of marital duty to have sex in French law, and that this reform abolishes it. Not so.

The article itself says that

The law will erase an ambiguity that has persisted despite there being no explicit mention of "conjugal duty" in any legal text.

But of course a title like "French reform clarifies there is no marital; duty to have sex" attracts fewer clicks than "France moves to abolish concept of marital duty to have sex"

I didn't know that only last year did France clarify that rape is an act without consent (as opposed to "just" an act of violence). Shocking.

I didn't know that only last year did France clarify that rape is an act without consent (as opposed to "just" an act of violence). Shocking.

I think I am right in saying that until the Pelicot case, many were not aware of this either.

And although nothing to celebrate because of the abuse she suffered it did lead to this:

France officially clarified that rape is defined as sex without consent through a legislative reform that was definitively adopted in October 2025, with the law being promulgated on November 6, 2025.

This landmark change redefined rape, moving away from a definition that required proof of "violence, constraint, threat or surprise" to one centered on the absence of consent

(Again AI generated so dont take as totally correct)

Italy seems to have done the same as France at the same time: https://www.euronews.com/my-europe/2025/11/13/italy-redefines-sexual-violence-law-to-include-explicit-free-and-current-consent

France is , I'm afraid to say, quite a backward country with regards to keeping women and children safe from predatory men.

Look at Gisele Pelicot, as pps said, a difficulty in her case came because she couldn't easily use force or surprise to prove rape (the law requires these, they had to use surprise in the end).

There was no age of consent officially there until very recently.

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.bbc.co.uk/news/world-europe-56413881&ved=2ahUKEwiIpJrY7ciSAxUPS0EAHUzwCRUQFnoECFYQAQ&usg=AOvVaw3CGAsKv3E9R00pAz86rvjr

Look at the way they embraced Polanski, for one.

About fucking time too.

Sounds like they are still living in the 1950's...

Actually some feminists were against this law change because absence of consent may be harder to prove than violence, surprise or restraint. We'll see in the first trials whether the judges do shift the burden of proof onto the (usually) men (you don't need a penis to rape under French law). What's good is the law explicitly states consent may not be assumed from silence or lack of response, and is revocable throughout the act.

NB The Pelicot case was tried under the old law and thankfully all perpetrators were condemned.

That’s not quite accurate. France has long had criminal offences for sexual acts with minors under 15, even without violence. And since 2021, any sexual act with a child under 15 is automatically considered rape or assault in law.

I agree, it wasn't like there was no legal restraint. But it is true there was age of consent as such, which as the BBC notes, made prosecuting child assault cases difficult.