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France repeals medieval law: Sex in marriage will no longer be mandatory

2026-01-29 20:40:18Lifestyle SHKRUAR NGA REDAKSIA VOX
France repeals medieval law: Sex in marriage will no longer be mandatory
Parliament removes obligation for couples to have sexual intercourse

France will enshrine in law the end of so-called "conjugal rights," or the idea that marriage implies an obligation to have sexual relations.

A bill approved Wednesday in the National Assembly adds a clause to the country's civil code to make clear that marriage does not create an "obligation to have sexual relations."

The proposed law also makes it impossible to use the lack of sexual intercourse as an argument in a fault-based divorce. Although it is unlikely to have much impact in the courts, supporters hope the law will help prevent marital rape.

“By allowing such a right or obligation to continue, we are collectively giving our approval to a system of domination and exploitation by men over women,” said the bill’s sponsor, Green MP Marie-Charlotte Garin, quoted by the BBC. “Marriage cannot be a bubble where consent to sex is considered final and eternal.”

The law will erase an ambiguity that has persisted despite there being no clear mention of "conjugal obligation" in legal texts.

Currently, the French civil code defines the obligations of marriage as "respect, fidelity, support and assistance," and states that couples commit to a "living partnership."

Nowhere in legal texts is there any mention of "conjugal right," that is, sexual right. The origin of this notion is found in medieval church law.

However, judges in modern divorce cases have, from time to time, given a broad interpretation to the concept of "cohabitation" to include sexual relations.

In a famous case in 2019, a woman was found to have refused sex with her husband for several years, and he was then allowed to obtain a divorce based on fault, implying her guilt. But the woman took the case to the European Court of Human Rights (ECHR), which last year condemned France for allowing refusal of sex to be used as grounds for divorce. This was hailed as a significant advance by feminist activists.

The ECHR ruling has made it virtually impossible for any French divorce judge to issue a similar ruling, so the new law is mainly intended to clarify the situation, with the change unlikely to have a major impact on the courts.

For activists, the notion that women have an "obligation" to accept sex with their husbands is something that still exists in some parts of society and needs to be challenged.

In France, as in most other countries, rape within marriage is now sanctioned by law, whereas before 1990 men could argue that marriage implied consent.

Since November last year, the legal definition of rape in France has also been expanded to include the notion of non-consent.

Previously, rape was defined as a sexual act committed by “force, coercion, threat, or surprise.” Now it is any act where there is no “informed, specific, prior, and revocable consent.” Silence or lack of response does not constitute consent, the law says.


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