The French Senate has passed a bill that would define rape and sexual assault as any act without consent, bringing the country in line with several European neighbours.
The move follows the case of Dominique Pélicot, a man convicted by a court in Avignon of drugging his wife Gisèle so he and others could rape her.
The case drew national attention and renewed debate about how rape is prosecuted in France.
The bill passed this week redefines all sexual assaults – including rape – as “any non-consensual act”.
France’s National Assembly approved a slightly different version of the bill in April.
Wednesday's vote is not the final legislative hurdle. A joint committee of senators and lower-house MPs is expected to draft a joint text prior to the final adoption of the law in both houses.
“Consent is not saying no,” said Equality Minister Aurore Bergé. “It’s saying yes, an explicit yes, freely, without constraint or ambiguity.”
She described the vote as “a decisive step towards a genuine culture of consent”.
The pivotal 1970s trial that rewrote France's definition of rape
Concerns
The bill passed by both chambers defines consent as "free and informed, specific, prior and revocable", adding that it "cannot be inferred from the victim's silence or lack of reaction alone".
France's current legal definition of rape defines it as "any act of sexual penetration... by violence, constraint, threat or surprise" but this bill would specify that there is "no consent" under these conditions.
While Wednesday's vote shows an emerging consensus, some lawmakers and activists have expressed concerns about the change.
Advocates say this will enable the law to better hold perpetrators accountable.
But opponents say they fear the change will lead investigators to focus excessively on the victim's behaviour and place a burden on them to provide proof.
Consent-based rape laws already exist in several European countries including Germany, the Netherlands, Spain and Sweden.
(with AFP)
