Seoul Gazette - France adopts consent-based rape law

The penal code will now enshrine the principle of consent into the definition of the crime of rape, after France's Senate backed the measure in the final vote of a lengthy legislative process.

The text signals a move "from a culture of rape to a culture of consent", centrist lawmaker Veronique Riotton said after the bill, which she co-sponsored, passed the lower house last week.

Consent, the text says, must be "free and informed, specific, prior and revocable", and evaluated according to the circumstances, noting that it cannot be inferred from "silence or lack of reaction".

"There is no consent if the sexual act is committed through violence, coercion, threat or surprise, whatever their nature," it states.

Advocacy groups have welcomed the reform, while stressing it must be accompanied by deeper societal change.

"This is a historic step forward, following in the footsteps of several other European countries," Lola Schulmann, advocacy officer at Amnesty International France, told AFP.

"But it is only one step, because we know that there is still a long way to go to end impunity for gender-based and sexual violence," she added.

Women's rights group CIDFF called for the reform to be accompanied by improved sex education, training for justice and police officials, and increased resources for support groups.

Consent-based rape laws already exist in other European countries including Germany, the Netherlands, Spain and Sweden.

- 'A real yes' -

The bill comes after the case of Gisele Pelicot reignited a debate over consent in the country.

Her ex-husband was convicted of drugging her and inviting dozens of strangers to rape her during their marriage.

Only far-right lawmakers, who criticised the changing definition of consent as "subjective, shifting and difficult to grasp", opposed the bill in the lower house.

National Rally lawmaker Sophie Blanc earlier said the change would put the focus on the victim's actions, "not the violence of the perpetrator".

But supporters of the reform say it will shift the burden onto offenders to prove there was consent.

"When it's not no, it doesn't mean yes," said Green lawmaker Marie-Charlotte Garin, co-sponsor of the bill, after it passed in the National Assembly. "When it's yes, it must be a real yes... giving in will never again be consent," she said.

H.Yoon--SG