A landmark ruling by the European Court of Human Rights (ECHR) has sided with a French woman who was previously deemed at fault by the French court for her divorce due to refusing to engage in sexual relations with her husband. The decision has been hailed as a victory for women’s rights in France and a step forward in dismantling outdated concepts of marital obligations which do not prioritise consent.
The woman, identified as H.W., had initially filed for divorce in 2012, citing her husband’s bad temper, violence, and abusive behaviour towards her as the reason for their split. She had decided to stop sleeping with him in 2004 due to personal health issues and the continued aggression and threats of violence he levelled at her. In retaliation, her husband then made a counterclaim that she had failed to fulfil her marital duties by refusing to engage in sexual relations with him and that she had also defamed him with slanderous accusations. Several years later in 2019, a French appeals court ruled in favour of the husband’s claim, concluding that H.W.’s refusal to have sex with her husband was a breach of marital duty, thus holding her responsible for the breakdown of the marriage.
H.W. was then forced to take her case to the ECHR in 2021 after exhausting all legal options in France. Thankfully on Thursday 23rd January 2025, the ECHR unanimously ruled that the French court’s decision was a violation of her right to respect for private and family life under European human rights law. In doing so, the court emphasized that consent to marriage does not automatically imply ongoing consent to sexual relations, and that any ruling suggesting otherwise undermines France’s obligation to fight against marital rape and sexual violence.
“In the Court’s view, consent to marriage could not imply consent to future sexual relations,” the ECHR stated. “Such an interpretation would be tantamount to denying that marital rape was reprehensible in nature.” Women’s rights advocates have praised the ruling as a critical step toward eradicating outdated legal interpretations that perpetuate a culture of sexual assault and gender inequality. H.W.’s lawyer, Lilia Mhissen, welcomed the decision with a statement saying that she hopes the ruling will “mark a turning point in the fight for women’s rights in France.” She added that she believes “It is now imperative that France, like other European countries, such as Portugal or Spain, take concrete measures to eradicate this rape culture and promote a true culture of consent and mutual respect.”
The case has reignited discussions about marital consent and legal definitions of sexual autonomy in France. A diplomatic source revealed that the French parliament is currently considering legislative changes to redefine rape laws, potentially including a clearer framework on the necessity of explicit consent. The ECHR’s ruling also coincides with increasing scrutiny on consent laws in France, following a high-profile case about a man, named Dominique Pélicot, who drugged his wife and then invited other men to rape her. A total of 50 men involved were convicted in the case, further fuelling French feminist groups’ arguments that the ECHR’s decision regarding H.W.’s case underscores the urgency of updating French laws to better protect women’s rights and bodily autonomy.
While their ruling does not alter H.W.’s divorce ruling itself, it does set a significant legal precedent that will prevent similar decisions from being made by French courts in the future.
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