"We have just achieved a historic victory."
The French Parliament has officially adopted amendments to the Criminal Code concerning the qualifying characteristics of sexual violence in general and rape in particular. The Criminal Code now enshrines the concept of "lack of consent" from the victim, which will define such crimes alongside other characteristics. This significant change in criminal law, which the French Parliament has discussed for nearly a year, has been called a "historic victory" by the co-authors of the bill.
The amendments pertain to the definition of "sexual violence" (agression sexuelle) in the French Criminal Code. "Sexual violence is any sexual act carried out without consent," states the updated wording of the relevant article of the code, which lists the characteristics of violent sexual crimes: "use of violence, coercion, threats, or surprise attack."
The concept of "consent" will now be clearly defined in the criminal code: it must be "free and informed, specific, prior, and revocable." "It is assessed in light of the circumstances," and consent cannot be inferred "solely from silence or the absence of resistance" from the victim, the legislative text clarifies.
"Consent is absent if the sexual act is carried out using violence, coercion, threats, or surprise attack," the updated version of the article states, reiterating already existing qualifying characteristics of such crimes.
By adopting these amendments, France has followed a number of countries that have already changed their criminal legislation in a similar way, including Canada, Sweden, Spain, and Norway (which made corresponding changes to its Criminal Code in spring 2025).
"We have just achieved a historic victory," said members of the National Assembly Marie-Charlotte Garin (Green Party) and Véronique Riotton (centrist party Renaissance) in a joint statement, who initiated the adoption of the amendments. They described the changes as an "important breakthrough in the fight against sexual violence," as well as a significant "signal to the entire French society."
During the final debates in the National Assembly, Marie-Charlotte Garin succinctly articulated the essence of the amendments introducing the concept of lack of consent in the qualification of sexual crimes: "When it is not a 'no' — it does not mean 'yes,'" and "when it is a 'yes' — it must be a real 'yes.'"
"This is the result of a long effort by the National Assembly and the Senate. In the end, we have a clear and understandable text regarding the concept of consent," emphasized Senator Elsa Schalck in an interview with AFP, who was the rapporteur for the bill in the Senate.
The concept of "lack of consent" in the qualification of violent sexual crimes was enshrined in the French Criminal Code, particularly after the high-profile trial of Gisèle Pelico, which gained international resonance. Her husband, Dominique Pelico, was convicted of drugging his wife, raping her, and inviting other men to rape her. In this case, sentences were handed down to another 50 men.
Opponents of the legislative changes expressed concerns regarding the future application of the new concept in the qualification of rapes. They speak of the risk that the burden of proof will now shift to the victims: they will have to prove that they did not give consent to the sexual act.
Members of the far-right National Rally (RN) party voted against the amendments. In Marine Le Pen's party, the legislative innovation was described as an "unprecedented moral and legal deviation."
"Now lawyers will have to expose and analyze not the violence of the accused, but analyze the gestures, words, and silence of the person who claims to be a victim" of the crime, believes RN party deputy Sophie Blank.
According to the official portal of the French government, in 2023, law enforcement agencies registered complaints from 114,100 victims of sexual violence in the country. In the same year, the police and gendarmerie registered 61,606 suspects in violent sexual crimes. Over the year, 6,356 people were convicted under the relevant articles.
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