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France moves to abolish concept of marital duty to have sex

France moves to abolish concept of marital duty to have sex

Summary

France's National Assembly approved a bill to clarify that marriage does not mean a duty to have sex. The bill adds a law stating that being married doesn't create an obligation for sexual relations. This change aims to prevent the idea of "conjugal rights" and may help deter marital rape.

Key Facts

  • France's National Assembly approved a bill removing the idea of a sexual obligation in marriage.
  • The new law specifies that "community of living" does not include a duty for sexual relations.
  • The change makes it impossible to use lack of sexual relations as a reason in fault-based divorce.
  • This law intends to stop the notion of "conjugal rights" in marriages.
  • The bill aims to help prevent marital rape and promote consent.
  • France's civil code now states that silence or no reaction does not mean consent in sexual activities.
  • The bill was partly inspired by past cases where refusal of sex was used as a divorce argument.
  • The change clarifies existing legal practice after a decision by the European Court of Human Rights.

Source Information