Legislation on Marital Sexual Relations
The French National Assembly has approved a bill that will formally establish in the Civil Code that there is no obligation for sexual relations within marriage. It also prohibits using the absence of such relations as grounds for divorce. This decision could significantly alter legal practice in the country. The bill must still be reviewed by the Senate, but it is expected to come into force later this year. This legislative change aims to clarify a long-standing grey area in French marital law.
Key Provisions of the Bill
According to the bill's text, cohabitation within a marriage does not create any obligation for sexual relations. This means one partner's refusal of intimacy cannot be cited as a basis for divorce. The amendments to the French Civil Code emphasize that no existing legislation in the country mentions a duty to engage in sexual relations. However, in past judicial practice, some judges have interpreted the concept of shared life broadly to include intimate relations. This update brings the Civil Code in line with modern understandings of consent and bodily autonomy.
The bill gains relevance in light of a 2019 case where a woman was found at fault for divorce due to a prolonged refusal of sexual relations, a decision later challenged at the European level. It is important to note that marital rape was criminalized in France back in 1990, and recent changes to criminal law have reinforced the focus on the concept of consent. Sexual relations are only deemed lawful with clear, voluntary, informed, and revocable consent; silence or a lack of reaction cannot be interpreted as consent.
Overall, this bill reflects new societal trends and a drive to protect individual rights within marriage. In a related move, the National Assembly also approved a bill to restrict access to social networks for minors under the age of 15, indicating a broader legislative trend toward regulating personal rights in various spheres of life.
The final approval of this bill could mark a significant step in changing social norms and legal regulations concerning marital relations in France. It underscores the necessity of respecting personal rights and mutual consent between partners, which may influence future legal decisions and practices in the country. The parallel adoption of the social media bill further demonstrates lawmakers' active work to protect citizens' rights and freedoms in the digital age.