French lawmakers have taken a decisive step toward strengthening sexual consent laws, as Parliament unanimously approved a bill aimed at ending the long-standing notion of “marital duty.”
The vote, held on Wednesday, January 28, followed sustained criticism from women’s rights groups who argued that the idea undermines consent and indirectly enables marital rape. The move has been described as a major cultural and legal shift in France’s approach to marriage and personal autonomy.
The bill, backed by more than 120 lawmakers in the National Assembly, makes it clear that living together does not create any obligation for spouses to engage in sexual relations. Therefore, marriage can no longer be interpreted as automatic consent.
Although the French civil code lists duties tied to marriage, including fidelity, support, assistance and cohabitation, it does not mention sex.
However, older court rulings had sometimes interpreted cohabitation as implying a “shared bed,” allowing the idea of a sexual obligation to persist.
Moreover, this interpretation has had serious consequences in the past. In 2019, a man was granted a divorce in France because his wife had stopped having sex with him. That ruling later drew international attention.
Last year, however, Europe’s top human rights court ruled in favour of the woman. The court said a wife who refuses sex should not be judged “at fault” during divorce proceedings. That judgment added momentum to calls for reform.
The newly approved bill seeks to prevent such interpretations in the future. It clarifies in law that consent must always be freely given, even within marriage. Therefore, marriage alone cannot justify sexual expectations.
Meanwhile, the bill must still pass through the Senate before becoming law. Lawmakers involved remain confident it will be approved, given the cross-party support already shown.
In addition, the move aligns with broader legal reforms in France. Last year, the country adopted consent as a core element in its legal definition of rape. This brought France in line with other European countries such as Spain, Sweden and the Netherlands.
Women’s rights advocates have welcomed the vote. They argue it sends a strong message that consent does not disappear after marriage and that personal boundaries remain valid at all times.
Nevertheless, the vote has already been seen as historic. It challenges decades of legal ambiguity and addresses a sensitive issue that many felt was ignored.
