French Lawmakers Advance Proposal to Redefine Rape with Focus on Consent

The Law Commission has adopted a partially revised proposal to include non-consent in the legal definition of rape, with a National Assembly debate scheduled for April 1, 2025.

The proposal redefines rape in the Penal Code to include the absence of consent, addressing gaps in the current law that require proof of violence, threat, coercion, or surprise.
The text specifies that consent must be 'free and informed, specific, prior, and revocable,' and clarifies that silence or lack of resistance cannot be interpreted as consent.
The Council of State supported the proposal and recommended amendments to address concerns about shifting investigative focus onto victims' behavior.
Critics, including some feminist organizations and jurists, worry the reform could inadvertently center investigations on victims' actions rather than perpetrators’ conduct.
The proposal, seen as symbolically significant in combating sexual violence and aligning with international standards, will be debated in the National Assembly next week.