Didier Migaud advocates the inclusion of consent in French law

On Friday September 27, Didier Migaud, the new French Minister of Justice, voiced his support on France Inter for the inclusion of consent in French law. In line with the position already expressed by Emmanuel Macron last March, the Minister of Justice would like to see the legal definition of rape evolve to explicitly include the absence of consent.

During the interview, when asked what his opinion was on the inclusion of this notion in the Penal Code, Didier Migaud answered straightforwardly: “Yes”. This stance comes at a time when the debate on redefining rape has been rekindled by the Mazan rape affair, raising an essential question: is the current definition sufficient to protect victims?

An increasingly contested definition

To date, article 222-23 of the French Penal Code defines rape as “any act of sexual penetration of any kind whatsoever, or any oral-genital act committed on the person of another or on the person of the perpetrator by violence, constraint, threat or surprise”. However, this definition does not expressly mention consent, a central concept that has become essential since the #MeToo movement.

A Europe-wide movement in favor of consent

France is not the only country to address this issue. Sweden, a pioneer in the field, passed a sexual consent law back in 2018, defining any sexual act without explicit agreement as rape, even without violence or threats. Spain, with its so-called “Only a yes is a yes” law, also moved in this direction in 2022, requiring proof of explicit consent to avoid any ambiguity. Other countries such as Greece and Denmark have also followed suit by revising their legislation.

A project threatened by political instability

In France, Emmanuel Macron had hoped that this reform would be discussed and implemented “by the end of the year”. However, the dissolution of the National Assembly last June disrupted the legislative agenda, casting doubt on whether this initiative will actually materialize. Despite these uncertainties, Didier Migaud seems determined to relaunch the debate to strengthen legal protection for victims of sexual violence.

The question of consent, which has become a major social issue, could well mark a turning point in the fight against sexual violence in France, and bring French law more into line with recent developments elsewhere in Europe.