The French penal code has been amended to explicitly define consent in cases of rape and sexual assault. The law was promulgated on November 7, 2025, in the Official Journal, ten days after its adoption by Parliament. This reform clarifies the law following the Mazan rape trial and aligns France with countries like Canada and Sweden.
The promulgation of this law concludes a long transpartisan legislative process, stemming from an in-depth information mission. It comes a few months after the high-profile Mazan rape trial, where the notion of consent played a central role. Previously omnipresent in case law, consent is now explicitly written into the penal code, which defines 'any non-consensual sexual act' as a sexual assault.
France thus joins Canada, Sweden, Spain, and Norway, the latter having amended its legislation in spring 2025. Despite initial resistances, including from some feminist associations fearing a reversal of the burden of proof or the contractualization of sexual relations, the majority of elected officials were reassured. An opinion from the Council of State issued in early March solidified the legal basis of the reform.
The text specifies that consent is 'free and informed, specific, prior, and revocable.' It is assessed based on the circumstances and cannot be inferred from mere silence or lack of reaction by the victim. Furthermore, 'there is no consent if the sexual act is committed with violence, constraint, threat, or surprise, regardless of their nature,' reiterating the existing criteria for sexual assaults.
This clarification aims to strengthen victim protection while maintaining the balance of evidence in judicial proceedings.