She is preparing to legally enshrine the end of so-called “marital rights”, i.e. the idea that marriage entails an obligation.
A bill approved Wednesday by the National Assembly adds a clause to the country’s civil code, clarifying that “living together” does not create “an obligation for sexual relations.”
The new law also makes it impossible to use the lack of sexual relations as an argument in a divorce based on fault. Although it is unlikely to significantly affect court decisions, supporters of the bill believe it will help prevent marital rape.
The reasons behind the law
“By allowing such a right or duty to exist, we are collectively giving approval to a system of domination and predation by husband over wife,” said the bill’s rapporteur, Greens MP Marie-Charlotte Garrin. “Marriage cannot be a bubble where consent to sex is considered final and irrevocable,” he added.
The law seeks to remove a legal ambiguity, despite the fact that there is no express reference to “spousal duty” in any legal text. The French civil code already defines the duties of marriage as “respect, loyalty, support and assistance” and states that couples commit themselves to a “community of life”.
The historical origin
The concept of “marital” – that is, sexual – rights comes from medieval church law. However, in modern divorce cases, judges have occasionally interpreted “living together” broadly to include sexual relationships.
In a well-known case from 2019, a woman had concealed sexual relations from her husband for several years, resulting in him obtaining a “fault-based” divorce. The woman appealed to the European Court of Human Rights (ECHR), which last year ruled against France, noting that refusal of sexual contact cannot be grounds for divorce based on fault.
This decision was considered a significant advance by feminist organizations. In practice, it now makes it impossible for any French judge to make such a decision – and so the new law serves mainly as a clarification.
The need for change in society
For activists, the idea that husbands have a “duty” to consent to sexual relations with their partners still exists in some sections of society and needs to be addressed.
Mazan’s trial in 2024, where , is considered iconic. Several defendants claimed they assumed her consent because of what her husband had told them.
Legal changes on rape
In France, as in many other countries, marital rape is now punishable by law, whereas before 1990 men could claim that the marriage implied consent.
From November 2025, the legal definition of rape in France was extended to include the concept of non-consent. Previously, rape was defined as a sexual act committed by “force, coercion, threat or surprise”. Rape is now considered any act without “informed, specific, prior and revocable” consent. Silence or lack of reaction does not imply consent.
