Amanze Chinonye
France’s National Assembly has unanimously approved legislation to formally abolish the long-standing legal concept of a marital duty to have sexual relations, clarifying that marriage does not imply sexual obligation between spouses.
The bill, adopted on Wednesday, amends the French Civil Code to state explicitly that a couple’s “community of life” a core legal requirement of marriage does not create any obligation to engage in sexual relations. It also bars courts from using the absence of sexual relations as grounds for fault-based divorce.
Lawmakers say the reform is intended to align French family law with modern principles of consent, bodily autonomy and sexual freedom, eliminating decades of legal ambiguity that allowed judges to interpret marriage as implying sexual availability.
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Although French law has never explicitly stated that spouses must have s3x, courts have at times treated refusal of sexual relations as a breach of marital duties, particularly in divorce cases. That interpretation has drawn sustained criticism from rights advocates, who argue it undermines the idea of freely given consent within marriage.
Momentum for reform intensified after a landmark ruling by the European Court of Human Rights (ECHR) in January 2025. In the case H.W. v. France, the court found that France violated a woman’s right to private life after a domestic court faulted her for refusing s3x during her marriage. The ECHR ruled that consent to marriage does not amount to ongoing consent to sexual relations.
Sponsors of the new legislation, including Green MP Marie-Charlotte Garin and Horizons MP Paul Christophe, said the bill removes outdated legal interpretations and reinforces the principle that consent must be explicit and continuous, regardless of marital status.
Rights groups welcomed the vote, noting that while marital rape has been a criminal offence in France since 1994, lingering legal assumptions around conjugal duty have continued to shape divorce rulings and social attitudes.
The bill now moves to the French Senate for consideration. If approved, it would enshrine in law a clear legal standard that sexual relations within marriage must always be voluntary and can never be presumed.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
