Emmanuel Macron expressed his intention to include the notion of consent in matters of rape in French law, in a filmed exchange with the feminist association Choosing the cause of women. “I will enshrine it in French law”, declared the Head of State, questioned on this question by Violaine Lucas, the president of the association, on March 8, on the sidelines of International Women’s Rights Day.
“That we integrate it into French law, that consent can be registered, I completely understand that”he added, in this exchange broadcast on Instagram the entirety of which Agence France-Presse (AFP) was able to see on Wednesday March 13, and was able to confirm the authenticity. Questioned by AFP, the Elysée did not wish to comment.
In December 2023, France was nevertheless one of the member states which opposed a community definition of rape at European level, based on the notion of consent. In its initial project, presented on March 8, 2022, the European Commission proposed, in Article 5 of a directive on violence against women, that a “crime of rape” either “characterized” since the victim has not “not consented to the sexual act “.
But ten member states, first and foremost France, Germany and the Netherlands, but also Hungary, the Czech Republic and Slovakia, had expressed their opposition. And the European Union had finally given up on a community definition of rape based on the notion of consent.
” Good news “
Currently, article 222-23 of the penal code defines rape as “any act of sexual penetration, of whatever nature, or any oral-genital act committed on the person of another or on the person of the perpetrator by violence, coercion, threat or surprise”.
The notion of consent, which resurfaced in the 2010s with the #metoo shockwave, is not explicitly mentioned, and voices have been raised for several months to review this definition.
“If he does it’s good news”reacted to AFP Violaine Lucas. “This will allow us to deepen what Gisèle Halimi began to do in 1978 during the Aix-en-Provence trial”in reference to the emblematic trial which helped to have rape recognized by law as a crime.