French Parliament Votes to Abolish Forced Sex in Marriage

Emmanuel Rono 5 days ago

A bill to abolish the concept of “marital duty” was unanimously approved by French lawmakers on Wednesday, January 28, 2026 in response to criticism from women’s rights organizations that it compromises sexual consent and permits marital rape.

The bill, which has the support of over 120 MPs, makes it clear that cohabitation does not require spouses to have sex.

It is currently on its way to the Senate for approval.

The proposed law prohibits the use of non-sexual relations as a defense in a fault-based divorce. Though unlikely to have a major impact in the courts, supporters hope the law will help deter marital rape.

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“By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation by husband on wife; marriage cannot be a bubble in which consent to sex is regarded as definitive and for life.” Green MP Marie-Charlotte Garin said.

The French civil code does not address sexual obligation, but it does list four obligations associated with marriage: fidelity, support, assistance, and cohabitation.

Nonetheless, the concept of a “marital duty” persisted in practice because previous court decisions occasionally interpreted cohabitation as implying a “shared bed.”

Common cases

In a well-known case in 2019, the husband was granted a “fault-based” divorce, suggesting her guilt, after it was discovered that the woman had avoided having sex with him for several years. Also Read: CAK Approves KCB Riverbank Acquisition With Conditions

However, the woman then brought her case before the European Court of Human Rights (ECHR), which last year denounced France for permitting a fault-based divorce based on a refusal of sex.

Feminist activists praised this as a significant development.
The new law is primarily meant to be a clarification, and it is unlikely to have a significant impact on the courts because the ECHR’s ruling has rendered it practically impossible for any French divorce judge to render a similar decision.

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