The new consent law: good or bad idea?

by | May 24, 2025 | Blog

For months, the issue of sexual consent has been at the center of political and societal debate.
Should consent be explicitly written into the law to better define rape?
Some hail the measure as a historic step forward, while others criticize it as a misleading or flawed solution.

What Does the Law Currently Say?

Article 222-23 of the French Penal Code defines rape as any act of sexual penetration committed through violence, coercion, threat, or surprise.

The word “consent” does not appear.

The result: In the absence of proof of physical violence, many complaints are dismissed without further action.

Only 0.6% of rape complaints lead to a conviction (Source: Ministry of Justice).

A Reform Passed — But Highly Debated

In March 2025, the Council of State approved a bill that explicitly states:

“There is no consent when a sexual act is committed without free, informed, specific, and reversible agreement.”

The bill further clarifies that:

  • Silence, fear, psychological control, or the inability to say no (due to drugs, freezing, etc.) can no longer be interpreted as consent.

Criticism — Even Among Feminists

Some voices, such as MP Clémentine Autain, warn:

  • Focusing the legal definition of rape on consent may increase the burden of proof on victims.
  • Proving one didn’t consent could shift attention away from the aggressor’s actions.

Another issue:

  • Consent can be distorted in power-imbalanced relationships (e.g., psychological control, workplace hierarchy, financial dependence…).

What About Other Countries?

  • Sweden (2018): Passed a consent law → Increase in complaints and convictions, backed by a major awareness campaign.
  • Spain (2022): Adopted a similar law after the “La Manada” scandal → Significant public awareness, but inconsistent application.
  • UK / Canada: Consent is part of the law, but little progress due to lack of training and resources for the justice system.

A Symbolic Step Forward… But Not Enough on Its Own

This reform sends a clear message:

Sex without consent is rape.

But without deeper change:

  • In the justice system, to support victims and train judges.
  • In mentalities, to eradicate rape culture.
  • In funding, to ensure effective enforcement…

…it won’t be enough.

Conclusion: A Useful Law, But Not a Magic Solution

Good idea: It clarifies the law, brings France in line with international standards, and provides better protection for some victims.

But beware: Poor implementation could end up putting even more focus on the victim, rather than the perpetrator.

The Key?

  • More justice
  • More prevention
  • A cultural shift to uproot rape culture

And you — what do you think?
Can this law make a real difference? Or do we need to go further?
We want to hear your thoughts. Share your opinion in the comments.