French woman wins landmark appeal over marital consent in divorce case

A French woman has secured a landmark ruling from the European Court of Human Rights (ECHR), which found she should not have been blamed for her divorce after refusing to have sex with her husband. The court determined that such a refusal could not be considered grounds for fault, marking a significant victory for marital consent and women’s rights.

The ECHR’s unanimous decision stated that France violated the woman’s right to respect for private and family life under European human rights law. This ruling concludes a nearly decade-long legal battle for the 69-year-old woman, identified as Ms. H.W., who hailed the verdict as a crucial step in dismantling “rape culture” and emphasizing consent within marriage.

The court’s decision has sparked widespread debate in France about marital consent and outdated perceptions of women’s roles in marriage. H.W.’s lawyer, Lilia Mhissen, praised the ruling as a repudiation of the archaic concept of “marital duty,” urging French courts to align with modern views on equality and consent.

Women’s rights organizations criticized French courts for upholding outdated stereotypes about marriage that undermine women’s autonomy and rights. H.W., a resident of Le Chesnay near Paris, married her husband, JC, in 1984. The couple had four children, including a daughter with a disability who required continuous care—a responsibility that largely fell on H.W. Despite her efforts to maintain the family, their relationship deteriorated over the years, with H.W. enduring significant challenges, including health issues and alleged abuse. Advocates argue that her case highlights the need for modern legal interpretations that prioritize equality, consent, and the dignity of women.

After the birth of their first child, their relationship began to deteriorate. By 1992, H.W. experienced health problems, and in 2002, her husband became physically and verbally abusive. In 2004, she stopped engaging in sexual relations with him and petitioned for divorce in 2012.

While H.W. did not contest the divorce itself, she objected to the grounds on which it was granted. A Versailles appeals court sided with her husband in 2019, and the Court of Cassation, France’s highest court, dismissed her appeal without explanation. Left with no recourse, H.W. turned to the ECHR in 2021.

The ECHR found that marital consent is fundamental and that governments should intervene in matters of sexuality only for severe reasons. The court ruled that the French concept of “marital duties” ignored the necessity of consent, stressing that agreeing to marriage does not equate to perpetual consent to sexual relations.

The ruling comes at a time when France is grappling with broader issues surrounding consent. High-profile cases, such as the trial of Dominique Pélicot—who drugged his wife and invited men to rape her—have highlighted glaring gaps in the country’s legal framework on sexual violence and consent.

Feminist groups argue that the ECHR ruling underscores the urgency of updating French laws and cultural attitudes. A recent report by French MPs has recommended enshrining the concept of non-consent in the legal definition of rape, reinforcing that consent must be freely given and can be withdrawn at any time.

For H.W., this victory is not just personal but a statement on the importance of consent and the need to protect the rights and dignity of women within marriage.