French lawmakers have unanimously approved a bill to end the notion of "marital duty", stating clearly that marriage does not oblige spouses to have sex. The move aims to remove a long-standing legal ambiguity that critics say weakened sexual consent and allowed outdated ideas to cloud divorce cases.
Issued on: 29/01/2026 - RFI
Protesters hold placards reading "Marriage = Slavery" and "Stop rape culture" during a demonstration in support of Gisele Pelicot on the sidelines of the trial of her former husband and other men accused of rape and sexual abuse, in Avignon, southern France, on 25 November 2024. © Christophe SIMON / AFP
The cross-party bill, backed by more than 120 MPs, passed the National Assembly on Wednesday with 106 votes in favour and zero against.
It now heads to the Senate for approval.
The legislation amends the civil code to specify that living together does not create any obligation for spouses to have sexual relations.
While French law has never formally included a sexual duty within marriage, courts have at times interpreted the expectation that spouses will share a home as implying a shared bed
That interpretation had concrete consequences. In 2019, a man obtained a divorce after judges ruled that his wife’s refusal to have sex amounted to a serious breach of marital duties.
The cross-party bill, backed by more than 120 MPs, passed the National Assembly on Wednesday with 106 votes in favour and zero against.
It now heads to the Senate for approval.
The legislation amends the civil code to specify that living together does not create any obligation for spouses to have sexual relations.
While French law has never formally included a sexual duty within marriage, courts have at times interpreted the expectation that spouses will share a home as implying a shared bed
That interpretation had concrete consequences. In 2019, a man obtained a divorce after judges ruled that his wife’s refusal to have sex amounted to a serious breach of marital duties.
A case that changed the debate
The woman, now aged 69 and wishing to remain anonymous, challenged the ruling after the Versailles court of appeal granted the divorce entirely at her fault.
After failing in France’s highest court, she took the case to the European Court of Human Rights in Strasbourg.
That court ruled in her favour, saying a spouse who refuses sex should not be considered at fault in divorce proceedings. In a unanimous judgement, the court said “any non-consensual sexual act constitutes a form of sexual violence”.
The judges rejected the argument that consent to marriage implied consent to future sexual relations, warning that such reasoning would strip marital rape of its criminal character.
“I hope this decision will mark a turning point in the fight for women’s rights in France,” the woman said in a statement sent by one of her lawyers.
Lawyer Lilia Mhissen added: “This decision marks the abolition of marital duty and an archaic vision of the family.”
Clearing the law
“The decision of today will bind French judges, who will no longer be able to consider that a community of life implies a community of bed,” said Delphine Zoughebi, another lawyer for the woman.
France’s civil code lists four duties attached to marriage – fidelity, support, assistance and cohabitation – but does not mention sex.
Lawmakers backing the bill say spelling this out removes any room for judges to revive older interpretations.
The bill is expected to be examined by the Senate next, with supporters aiming for it to become law before summer 2026.
Last year France added the principle of consent to its legal definition of rape, following countries including the Netherlands, Spain and Sweden.
Notion of women as property a 'depravity baked into law', expert says
Issued on: 29/01/2026 -
12:49 min
French MPs on Wednesday unanimously approved a bill seeking to end "marital duty", after criticism about its use to ignore sexual consent in marriage and marital rape. Michele Goodwin, Professor of Constitutional Law and Global Health Policy at Georgetown University, says that "legislatures have played a significant role in keeping women far behind" and that "because of these philosophies in law, women could be sexually abused by their husbands and even their boyfriends".
VIDEO BY:
Sharon GAFFNEY
Issued on: 29/01/2026 -
12:49 min
French MPs on Wednesday unanimously approved a bill seeking to end "marital duty", after criticism about its use to ignore sexual consent in marriage and marital rape. Michele Goodwin, Professor of Constitutional Law and Global Health Policy at Georgetown University, says that "legislatures have played a significant role in keeping women far behind" and that "because of these philosophies in law, women could be sexually abused by their husbands and even their boyfriends".
VIDEO BY:
Sharon GAFFNEY
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