“Without consent, it's rape” France will finally define rape as a sexual act without consent in the criminal code

France has taken a historic step in sexual violence legislation, introducing for the first time in its penal code the concept of consent as a central element in defining rape. The Assemblée nationale approved the bill by an overwhelming majority: 155 votes in favor out of 186, while the far right opposed it. The Senate is now expected to confirm the reform with a vote scheduled for October 29. If the outcome is the same, the law will mark a significant milestone in victim protection and in shaping a new social culture around sexuality.

A reference for Italy

The focus on consent has also reached the Italian debate. As lawyer Stefania Crespi, from the legal team of Donne x Strada, points out: “For years, Amnesty International has fought to include the words ‘against consent’ in Italian legislation. In Italy, a bill has been presented to amend Article 609 bis of the criminal code and insert the phrase ‘in the absence of consent.’ It’s true that the words ‘by violence,’ ‘threat or abuse of authority,’ and ‘forces’ imply a lack of consent, but I believe that explicitly introducing it could represent real progress in terms of victim protection.”

What has changed in the French penal code

Currently, Article 222-22 of the French penal code does not mention consent as a key criterion in defining sexual violence. This has created a grey area, where a victim’s silence or lack of reaction could be mistakenly interpreted as agreement. Under the new law, rape will be defined as “a sexual act without consent,” and consent will be clearly described as “free, informed, specific, prior, and revocable.” The law also specifies that a victim’s silence or lack of opposition can never be considered as agreement. According to Marie-Charlotte Garin, the MP who sponsored the reform, “When it’s not a no, that doesn’t mean it’s a yes; and when it’s a yes, it has to be a real yes. Giving in will no longer be considered consent.” Her colleague Véronique Riotton, from the Renaissance group, added that the bill “sends a clear message to society: we are moving from rape culture to consent culture.” Minister for Gender Equality Aurore Bergé emphasized that the reform is “a fundamental step to ensure that the law reflects respect for sexual self-determination.”

The Pelicot case and the urgency of reform

The debate on consent in France intensified after the Gisèle Pelicot case, which concluded in 2024. Pelicot reported her husband, Dominique, who for nearly a decade drugged her and had her raped by dozens of men, filming the assaults and organizing them via online forums. The trial led to the conviction of 51 people, including her husband, who received the maximum sentence of 20 years in prison. Gisèle Pelicot chose to waive her anonymity, stating that she wanted to break the silence that often surrounds victims and affirming that “shame must change its face.” The case demonstrated how necessary it was to introduce the concept of sexual consent into law, since until now French justice operated in a grey area that could allow impunity in cases of prolonged or coercive sexual violence.

A cultural as well as legal shift

The French initiative is part of a broader European movement. Countries like Sweden, Spain, Germany, Belgium, and the Netherlands have already introduced similar laws, known as “consent laws” or “only yes means yes” laws, which clearly establish that only explicit and voluntary agreement makes a sexual act legitimate. In Sweden, such a law has been in force since 2018 and serves as a model for many European legal systems. The French reform is not just symbolic; it aims to profoundly change the social perception of sexual violence, shifting the discussion from victim-blaming to respecting the autonomy and will of those who suffer abuse. As Véronique Riotton explained, “This law is not only a legal issue but a cultural message: consent is the foundation of every sexual relationship.”

Next steps and the awaited Senate vote

With Senate approval expected on October 29, France will complete a legislative process that could radically change how sexual violence is judged and perceived in the country. If confirmed, the law will serve as a model for other European nations still lagging behind on this issue, a strong signal that victims’ rights and sexual consent are becoming central pillars of both criminal law and social culture.