French Woman Wins Landmark Case on Marital Consent Rights

A French woman's battle over marital consent culminates in a landmark ruling that upholds individual rights and challenges outdated notions of marriage.

In a precedent-setting ruling, the European Court of Human Rights (ECHR) sided with a French woman, known as Ms. H.W., who refused to engage in sexual relations with her husband, stating that her lack of consent should not be deemed a fault in divorce proceedings. The court's unanimous decision, delivered on Thursday, recognized that Ms. H.W.'s rights to private and family life had been violated, effectively concluding her lengthy and tumultuous legal battle.

The 69-year-old woman's case has sparked an important dialogue about consent within marriage and women's rights in France. Following the judgement, she expressed her relief and celebrated what she deemed a crucial step in combatting "rape culture" in marital contexts. Her lawyer, Lilia Mhissen, emphasized that the ruling eradicated the antiquated notion of "marital duty," underscoring the necessity for French courts to reflect contemporary understandings of consent and equality.

Ms. H.W. had married her husband, JC, in 1984, and together they raised four children, including one with special needs. Over time, the couple's relationship deteriorated, particularly following a history of abuse that began in 2002. After stopping sexual relations in 2014, she filed for divorce, contesting the grounds on which it was granted. Her appeals were rejected by French courts until she brought her case to the ECHR in 2021, which ultimately ruled in her favor.

The ECHR's decision signals a shift in the legal landscape surrounding marital consent, affirming that agreeing to marriage does not equate to perpetual consent for sexual activity. The ruling arrives as France reckons with growing discourse surrounding consent, particularly following recent high-profile cases. Feminist groups have echoed calls for reform in legal definitions surrounding rape in France, emphasizing the need for a better understanding of consent. A recent report from French lawmakers advocated for explicit inclusion of non-consent within legal parameters, arguing that consent must be willingly granted and can be revoked.

As discussions about marital rights evolve, this case represents a significant step forward in women's rights, fostering hope for further legal reforms that prioritize individual autonomy and consent.