It’s a phrase that changes everything: « Any non-consensual sexual act is considered sexual assault ». This Wednesday, October 29th, Parliament has officially adopted the bill championed by deputies Marie-Charlotte Garin (Ecologist) and Véronique Riotton (Together for the Republic, also the president of the delegation for women's rights in the National Assembly), firmly establishing the notion of non-consent in the legal definition of rape and sexual assaults.
This reform has been celebrated as « a historic victory » by its authors, supported by a large majority of elected officials and the government. In just a few lines, French law aligns with countries like Sweden, Spain, and Canada, where the principle « without consent, it’s rape » is already enshrined in law.
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A legal and symbolic revolution
From now on, consent will be defined as « free, informed, specific, prior, and revocable ». In other words: a « yes » must be given without any pressure and can be withdrawn at any time.
moment. The text also specifies that it cannot be inferred from the silence or the absence of reaction of the victim, a significant advancement in a judicial system often accused of interpreting non-consent in a too restrictive manner. In other words: saying "no" no longer needs to be shouted to count.
When the law finally says that without a yes, it's a no
« When you don’t say yes, it’s no. When you say yes because you are afraid, it’s no. The only yes that counts is a free yes ». These words from Senator Mélanie Vogel capture the spirit of this reform: evolving the law, but also mindsets. A way to reverse the logic: until now, rape had to be proven by coercion, threats, or violence. From now on, it’s the absence of consent that becomes the core of the definition.
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Some voices, however, remain critical: socialist senator Laurence Rossignol regrets the term « consent », which she feels is too passive, preferring to speak of desire or will. But for the majority of parliamentarians, this reform represents a paradigm shift, celebrated as a feminist and legal victory.
Only the National Rally opposed it
While the reform was adopted by a large majority (155 votes to 31 in the National Assembly), the National Rally is the only party to oppose it. Its deputy Sophie Blanc (Pyrénées-Orientales) expressed concern that this text could « shift the judicial debate » by forcing lawyers to « dissect gestures, words, silence » rather than judging the perpetrator's violence.
An isolated position that’s been critiqued even within moderate right-wing circles, who see it as a refusal to move forward on recognizing sexual violence.
A change in the law, and then what?
For Lola Schulmann from Amnesty International France, this progress "isn't a magic wand," but it's crucial for shifting mindsets and encouraging victims to speak out. The National Federation of Information Centers on Women's and Family Rights emphasizes the need to accompany this reform with education on emotional and sexual life and training for judges and police officers.
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Because when the law changes, society must keep up: adopting this text is not just about an article in the penal code; it’s a strong signal sent to all victims, and a collective reminder that
The President of the Republic now has fifteen days to enact the law. During this period, the Constitutional Council can be approached by 60 deputies or senators. If the text is validated, it will then be directly published in the Official Journal.
Lastly, it’s important to note that this new definition will only apply to acts committed after its enactment, in accordance with the principle of non-retroactivity in criminal law, outlined in the Declaration of the Rights of Man and .of the citizen of 1789. In other words, cases that have already been judged or are in progress will not be affected by this new definition.