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29 October 2025

France Redefines Rape Law After Pelicot Case

A landmark Senate vote places consent at the center of France’s sexual assault laws, inspired by the trial of Gisèle Pelicot and years of debate.

On October 29, 2025, France's Senate delivered a resounding 327-0 vote—against just 15 abstentions—to pass legislation fundamentally redefining the nation's rape and sexual assault laws. The move, which now awaits only President Emmanuel Macron's signature for official publication, marks a historic shift in how France prosecutes sexual violence, aligning the country with a growing number of European neighbors that have placed the concept of consent at the heart of their criminal codes.

This legislative overhaul was spurred by the harrowing and highly publicized trial of Gisèle Pelicot. In December 2024, Pelicot's ex-husband, Dominique Pelicot, and 50 other men were convicted of repeatedly raping her over nearly a decade, often while she was drugged and unconscious. The case, which exposed disturbing gaps in French law and understanding around consent, ignited a national reckoning over rape culture and propelled Pelicot into the spotlight as a symbol of resistance and the fight against sexual violence.

Under the previous law, rape in France was defined as penetration or oral sex committed with "violence, coercion, threat or surprise." Prosecutors had to prove not only the act itself but also the intent to rape, making convictions especially difficult in cases where physical violence wasn't evident. As Reuters reported, legal expert Catherine Le Magueresse explained, "(Previously) if we could show in a case that there wasn't consent, but the attacker didn't use violence, coercion, threat or surprise, that person could not be found guilty." This so-called "grey zone" in the law meant that many victims saw their cases falter in court, fueling calls for reform.

The new law changes all that. It states unequivocally that "any non-consensual sexual act constitutes sexual assault," and it defines consent as "freely given, informed, specific, prior and revocable," to be assessed "in light of the circumstances." The text makes clear that consent "cannot be inferred solely from the silence or the lack of reaction of the victim." There is no consent if a sexual act is committed with "violence, coercion, threat or surprise." In a significant departure from past practice, the burden of proof now shifts more squarely onto the accused, rather than forcing victims to demonstrate resistance or intent on the part of the perpetrator.

Lawmakers Marie-Charlotte Garin of the Greens and Véronique Riotton from President Macron’s centrist party, who championed the bill, called the reform a "historic victory" and a "major step forward in the fight against sexual violence." In a joint statement, they emphasized, "It’s time to take action and take a new step forward in the fight against sexual violence." They also stressed that the fight is far from over, noting, "The resources of the justice system, support organisations, and law enforcement must be strengthened; victim support must be improved; sexual education must be effectively implemented."

The legislative journey was not without controversy or debate. Some critics worried that the amendment would turn sexual relations into "contracts," potentially forcing victims to prove a lack of consent in each case. Others expressed concern that the changes might place undue scrutiny on the victim’s behavior and words rather than those of the attacker—after all, as some activists have pointed out, a person could say "yes" without truly wanting to. But France’s highest administrative court, the Council of State, weighed in this March to back the amendment, stating that it would "clearly express... that sexual assaults infringe upon the fundamental principle of everyone's personal and sexual freedom."

The bill enjoyed rare cross-party support, reflecting a years-long debate that gained new urgency following the Pelicot trial. The National Assembly, France’s lower house of parliament, had widely approved the bill the week before, with opposition coming mainly from the far right. The Senate’s approval on October 29 marked the final legislative hurdle before the law’s official enactment.

The Pelicot case itself was as shocking as it was unprecedented. According to the Associated Press, Dominique Pelicot admitted in court to repeatedly drugging his wife and recruiting dozens of men online to rape her while she was unconscious. At least 35 of his co-accused denied the charges, claiming they believed they were participating in a sex game or that Pelicot was feigning sleep, but all were found guilty. Dominique Pelicot received a 20-year prison sentence, while other defendants were handed sentences ranging from three to fifteen years. An appeals court earlier this month handed a stiffer 10-year sentence to the only man who challenged his conviction. The trial exposed not just legal loopholes but also how pornography, online chatrooms, and widespread misunderstandings about consent continue to fuel rape culture in France.

As Lola Schulmann, advocacy officer at Amnesty International France, told AFP, "This is a historic step forward, following in the footsteps of several other European countries." Indeed, France now joins a growing list of nations—including Sweden, Germany, Belgium, Spain, and Britain—that have already implemented consent-based rape laws. These changes have been spurred, in part, by the global #MeToo movement, which since 2017 has prompted legislative reform and greater awareness of sexual violence and survivors’ rights across Europe and beyond.

Legal experts say the revamped French law should help secure more convictions and, crucially, educate young people about the "reciprocity of desire" and the importance of clear, enthusiastic consent. As Catherine Le Magueresse told Reuters, a consent-based definition "would also help educate young men and women on the reciprocity of desire." The hope is that these changes will not only make it easier to prosecute offenders but also foster a broader cultural shift in how sexual relationships are understood and navigated.

Some women’s rights activists, however, caution that the work is far from done. While the new law represents a "major step forward," they argue that real progress will require improved resources for the justice system and support organizations, better sexual education, and continued vigilance to ensure that the law is implemented fairly and effectively.

For survivors like Gisèle Pelicot, the new law is more than a legal milestone—it’s a testament to resilience and the power of speaking out. Her case, though deeply traumatic, has galvanized a movement and forced France to confront uncomfortable truths about sexual violence and the meaning of consent. As the nation prepares to enact this landmark legislation, many hope it will mark the beginning of a new era—one in which justice, dignity, and respect for personal autonomy are finally enshrined in law.