The French parliament has ratified an amendment to add consent to the legal definition of sexual assault and rape law.
Previously, rape or sexual abuse in France had been defined as 'any form of sexual penetration committed with the use of violence, coercion, threat or surprise'.
Now, the law will state that all sexual acts done to another without consent constitute rape.
This change is a result of a cross-party, years-long debate which gained renewed urgency after last year's Pelicot rape trial, in which 50 men were found guilty of raping Gisèle Pelicot while she had been drugged unconscious by her husband Dominique.
The defense of many accused hinged on arguments that they could not be guilty of rape because they were unaware Ms. Pelicot was not in a position to give her consent.
Some defense lawyers had argued that there could be no crime without intention.
The new bill complicates this argument by stating that consent must be 'free and informed, specific, prior and revocable'.
The law changes highlight that consent cannot be inferred from 'silence or lack of reaction.' Furthermore, the law clarifies that there is no consent if the act is committed through violence, coercion, threat, or surprise.
Marie-Charlotte Garin and Véronique Riotton, two MPs who drafted the amendment, hailed it as a 'historic victory' in the fight against sexual violence.
While critics argue that defining consent might turn sexual relations into 'contracts', the Council of State has endorsed the amendment, emphasizing its role in reinforcing personal and sexual freedom.
The amendment is seen as a substantial step forward, joining several other European nations which already implement consent-based rape laws, such as Sweden, Germany, and Spain.
