PARIS — On Thursday, the European Court of Human Rights (ECHR) ruled in favor of a French woman who had ceased sexual relations with her husband, asserting that she should not be held accountable for this in the context of her divorce.
The case in question involved fault-based grounds where the blame was placed entirely on the applicant. In 2019, the French Court of Appeal concluded that the woman’s refusal to engage in sexual activity was a violation of marital obligations, resulting in a divorce that was detrimental to her interests.
However, the ECHR determined that the French court’s decision was incorrect, finding that it breached the woman’s right to privacy and family life. The court stated that the emphasis on marital duties, coupled with the divorce ruling based on her cessation of sexual relations, interfered with her right to private life, sexual freedom, and bodily autonomy.
The petitioner, known as H.W., is a French citizen born in 1955. She initiated divorce proceedings citing her husband’s neglect of family responsibilities due to his career and his temperamental, violent, and abusive behavior. The couple shares four children.
In response, the husband contended that the divorce should be assigned solely to his wife’s fault, claiming she had not fulfilled her marital responsibilities for several years and had violated their mutual respect by making slanderous claims.
After the Court of Appeal of Versailles granted the divorce based solely on the wife’s actions, she escalated the matter to the ECHR in 2021.
In its judgment, the ECHR emphasized that consent in marriage does not equate to an agreement for future sexual relations. The court pointed out that such a viewpoint would effectively undermine the moral culpability associated with marital rape. Instead, it stated that consent must embody a genuine willingness to engage in sexual activity in specific circumstances at any given moment.
This ruling followed closely after a notable case in France, where 51 men faced convictions in a trial related to drugging and rape, reigniting discussions on the importance of including clear consent in French legal definitions concerning rape.
