France to abolish the "sexual" obligation in marriage

A new draft law in France aims to clearly state that, even within a marital relationship, sexual activity is not an obligation. The draft aims to prevent people from being deemed at fault in divorce proceedings for refusing sexual activity. The French National Assembly has unanimously passed the draft, which will now be submitted to the Senate for voting.

In January 2025, a lawyer named Delphine Zoughebi successfully represented a woman in a French divorce case who was found at fault for refusing to have sex with her husband and was taken to the European Court of Human Rights. The court condemned France for upholding so-called "marital obligations." Although French law does not explicitly state this obligation, some judges have interpreted it as an implied duty within marriage. The party deemed at fault may be required to pay compensation to the other party.

The European Court of Human Rights stated in its ruling that the existence of "marital obligations" "contradicts sexual freedom and bodily autonomy." Any sexual act without consent constitutes sexual violence.

Currently, French law lists four obligations of "marriage": fidelity, mutual support, assistance, and cohabitation. Sexual intercourse is not mentioned among them.

Marie-Charlotte Garin, a Green Party MP who proposed the new bill, pointed out that in the past, "cohabitation" was often interpreted as "sleeping in the same bed." Garin further emphasized that by implicitly recognizing marital obligations, French law actually legalizes forced sexual acts. Therefore, the draft law also stipulates that neither party can be deemed at fault in a divorce for refusing to have sexual relations with their spouse.

Differing from Germany, France still applies the principle of fault in divorce cases, although its usage is gradually decreasing.

France's highest court only recognized marital rape in 1990.

Source: DW

Original: toutiao.com/article/1855784983341065/

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