French minister says in favour of adding ‘consent’ to rape law

Justice Minister Didier Migaud says he would back adding “consent” into the law on rape – Copyright AFP ADEK BERRY

France’s new Justice Minister Didier Migaud said Friday that he was in favour of adding the notion of “consent” to the country’s law defining rape.

The legal definition of rape in France includes the notions of “violence, coercion, threat or surprise”, but makes no mention of “consent”.

Asked if he would back such a move on the France Inter radio station, Migaud replied: “yes”.

Women’s rights advocates have called for the law to be tightened by including the concept, so that all sex without consent would be considered rape.

They say only a tiny fraction of rapes or attempted rapes lead to a conviction.

President Emmanuel Macron in March also signalled he would back changing the law to include “consent”.

The notion has since early September been at the heart of a mass rape trial that has shocked France.

Dominique Pelicot, 71, has admitted to drugging his wife to rape her while unconscious and inviting dozens of strangers to join in for almost a decade.

He and 50 co-defendants are being tried in the southern city of Avignon, in a trial to last until December.

Many of the accused have claimed they were led to believe they were taking part in a couple’s fantasy.

During hearings, some defendants have reluctantly acknowledged that Gisele Pelicot had not given them her consent.

Gisele Pelicot, now 71 and divorced, has received praise for demanding the trial be open to the public to raise awareness about the use of drugs to facilitate sexual abuse.

Spain in 2023 approved new legislation, dubbed the “Only yes means yes” law, under which all non-consensual sex is rape.

Sweden, Greece, Denmark and Finland have also passed similar laws.