"Consent Required Even Within Marriage": French Parliament Moves to Remove Marital Obligation for Sexual Relations

"No Obligation for Sexual Relations" to Be Specified in Civil Code
Grounds for Fault in Divorce to Be Excluded

The French Parliament has begun amending the Civil Code to correct the longstanding practice of interpreting sexual relations within marriage as a spousal duty.

On January 27, Yonhap News reported, citing the French daily Le Monde and others, that a total of 136 lawmakers-including those from the left-wing Green Party, the Communist Party, as well as centrist and right-wing members-jointly sponsored the Civil Code amendment bill in the lower house earlier last month.

The French Parliament has initiated amendments to the Civil Code to correct the practice of interpreting sexual relations within marriage as a marital obligation. Photo by Reuters and Yonhap News

Article 215 of the French Civil Code stipulates that spouses have a "duty to live together," but does not explicitly mention sexual relations. Nevertheless, some French courts have interpreted this provision as effectively making sexual relations a marital obligation, and have especially considered a spouse's refusal of sexual relations as grounds for being deemed at fault in divorce proceedings.

The amendment aims to block such interpretations by clearly specifying in the Civil Code that "no obligation to engage in sexual relations is imposed on spouses." If the bill passes, the longstanding practice of equating "living together" with a duty to have sexual relations or share a bed will be legally rejected.

Marie-Charlotte Garin, the Green Party lawmaker who sponsored the bill, stated, "The mistaken belief that 'living together' means 'sharing a bed' still persists," adding, "This amendment is a measure to make clear that even within marriage, personal bodily autonomy and consent must be respected."

Legal Reform Following ECHR Ruling... France Moves to Exclude 'Refusal of Sexual Relations' as Grounds for Divorce

This legislative discussion gained momentum after the European Court of Human Rights ruling in January last year. At that time, the court judged that the French court's decision to consider a woman who refused sexual relations with her husband as the at-fault spouse in a divorce violated the woman's sexual freedom and bodily autonomy, deeming it a "human rights violation." The court also clarified, "Consent to marriage does not imply consent to all future sexual relations."

This legislative discussion gained momentum after the ruling by the European Court of Human Rights in January last year. At that time, the court judged that the French court's decision to consider a woman who refused sexual relations with her husband as the at-fault spouse in a divorce constituted a 'human rights violation' infringing on the woman's sexual freedom and bodily autonomy. Photo by AFP Yonhap News

Reflecting this ruling, lawmakers plan to also amend Article 242 of the Civil Code (which covers divorce), to explicitly state that the absence or refusal of sexual relations cannot be considered grounds for fault in divorce. If enacted, this legislation is expected to bring significant changes to family law proceedings, as it would eliminate the legal basis for previous case law that considered refusal of sexual relations a breach of marital duty.

Beyond Legal Wording, a Shift in Social Perception Is Needed 

Lawmakers emphasize that this reform is not just a matter of changing legal phrasing, but also has significance in shifting social perceptions. Following last year's introduction of the concept of "non-consent" into the legal definition of rape in France's criminal code, this amendment would legally affirm the necessity of explicit consent even within marriage, potentially serving as a catalyst for public discussion about sexual violence in the home.

According to a survey by the French polling agency IFOP, 57% of female respondents reported having experienced unwanted sexual relations with their spouse, and 24% said they had been forced into sexual relations. Among male respondents, the figures were 39% and 14%, respectively. The rate of non-consensual sexual experiences was found to be even higher among those under 35. The French Parliament is expected to review the Civil Code amendment bill as early as the end of January. Attention is focused on whether "consent" will be clearly established as a legal principle even within marriage.