On October 29, 2025, France’s Senate resoundingly passed a landmark bill that redefines rape and sexual assault in the country’s criminal code, positioning France alongside a growing list of nations adopting consent-based legal models. The legislation, which was approved with 327 votes in favor and just 15 abstentions, declares that any sexual act carried out without explicit consent constitutes a crime. For a nation that has long struggled with the limitations of a force-based definition of rape, this move marks a historic turning point.
The passage of the bill comes in the wake of the harrowing Gisèle Pelicot case, which gripped the French public and exposed glaring gaps in the existing law. Pelicot, who was repeatedly drugged by her husband and then assaulted by dozens of men, became a symbol of both the failures of the justice system and the urgent need for reform. According to The Logical Indian, the old legal framework required prosecutors to prove that the perpetrator intended to rape and that the victim physically resisted—criteria that left unconscious or incapacitated victims like Pelicot unprotected.
The new law fundamentally shifts the legal landscape. Consent is now defined as "freely given, informed, specific, prior, and revocable," and crucially, it cannot be assumed from silence or a lack of protest. The legislation mandates that contextual factors must be considered when determining whether consent was present, and it explicitly rules out silence or impaired reactions as indicators of consent. As the bill’s co-author Marie-Charlotte Garin put it to the National Assembly, "When it’s no, it’s no; when it’s not no, it doesn’t mean yes, and it’s better to check. And when it’s yes, it must be a real yes, a yes that is not afraid. Giving in will never again be consenting."
Lawmakers such as Véronique Riotton and Garin have said the law aims to replace France’s "culture of rape" with a "culture of true consent." The bill’s passage was met with widespread approval in the lower house of parliament as well, with most of the National Assembly backing it—except for members of the far right, who voiced reservations. Deputy interior minister Marie-Pierre Vedrenne, speaking before the Senate vote, declared, "Rape culture, this insidious poison that permeates our societies, must be fought by each and every one of us. Today, we can take a decisive step toward a true culture of consent."
The numbers behind France’s sexual violence crisis are sobering. According to a Senate report cited by The Logical Indian, there are at least 230,000 incidents of sexual violence every year in France. Less than half of these are reported to the police, and only around 8,000 result in convictions. The previous legal framework, which defined rape as penetration committed with "violence, coercion, threat, or surprise," did not mention consent at all. This created a dangerous loophole: defense lawyers in the Pelicot case argued that the accused believed they were participating in a consensual act or thought Pelicot was feigning sleep, despite her being heavily sedated. The new law is designed to close this loophole by making consent—not force—the foundation of prosecution.
France’s reform is part of a broader European and global shift in the wake of the #MeToo movement. Since 2016, at least a dozen OECD member countries—including Spain, Germany, Denmark, Switzerland, and more recently Poland and the Czech Republic—have adopted consent-based rape laws. These legislative models vary in their approach. Some, like the "yes-means-yes" models, criminalize sexual acts without expressed consent, requiring that consent be freely and affirmatively communicated. Others, such as the "no-means-no" models, criminalize acts against someone’s will, focusing on the victim’s rejection. As researchers Sara Uhnoo, Sofie Erixon, and Moa Bladini from the University of Gothenburg explain, "Yes-means-yes models are affirmative and communicative, criminalising sexual acts without expressed consent, implying that consent only exists if freely expressed. No-means-no models criminalise sexual acts against someone’s will, implying that a lack of consent is expressed through rejection."
Japan, for instance, redefined rape in 2023 as "nonconsensual sexual intercourse" and removed the requirement for physical force. Canada has included affirmative consent since 1983, and the U.K. made consent central to sexual offenses in 2003. In contrast, some European countries—including Estonia, Italy, Hungary, Latvia, Lithuania, and Slovakia—still primarily use force-based definitions, though many are now considering reforms. The Istanbul Convention, a landmark international treaty adopted by the Council of Europe in 2011, obliges member states to define rape based on a lack of freely given consent. Yet, as of last year, five E.U. countries had not ratified the Convention, and others maintain that their existing laws are compliant without amending their criminal codes.
The debate over consent-based versus force-based models is far from settled. Critics of consent-based laws worry that these models could place the burden of proof on victims, especially in cases lacking witnesses or physical evidence. Others argue that the legal definition of consent can be ambiguous, leaving room for interpretation and potentially complicating prosecutions. On the other hand, critics of force-based models contend that they exclude many victims who do not or cannot physically resist—those who "freeze" or submit out of fear, or who are incapacitated. As an E.U. report notes, "The narrow definition of rape based on force and coercion does not take into account the fact that a reaction known as ‘frozen fright’ or ‘tonic immobility,’ and not active physical resistance, is rape victims’ most common response."
The new French law also aligns with the European Commission’s 2022 proposal to adopt a "yes-means-yes" model across the European Union, though that proposal stalled when 14 of 27 member states—including France at the time—did not agree. Now, with this legislative step, France joins the vanguard of countries prioritizing consent as the cornerstone of sexual assault law.
Advocacy groups such as Amnesty International have praised France’s reform as a "vital, long-overdue step," while cautioning that legal change alone is not enough. The organization emphasizes the need for significant investment in training judges, prosecutors, and law enforcement to ensure effective implementation. Comprehensive education programs, institutional reforms, and a broad cultural shift are necessary to move from what lawmakers called a "culture of rape" to a "culture of consent." The Pelicot case, after all, revealed not just legal loopholes but also the persistence of societal attitudes that enable sexual violence.
For many, France’s new law represents a crucial milestone in the global fight for gender justice and dignity. It’s a testament to the power of survivor advocacy, feminist activism, and public pressure to transform legislation. Yet, as The Logical Indian argues, "Legal change alone cannot eradicate violence rooted in cultural attitudes and systemic inequities." Sustained, intersectional approaches—combining law, education, community engagement, and survivor support—will be needed to build a society where consent, respect, and empathy are the norm.
With this sweeping reform, France has taken a decisive step toward protecting victims and holding perpetrators accountable. The work ahead will be to ensure that the spirit of the law translates into real justice on the ground, and that the culture of consent lawmakers envision becomes a lived reality for all.
