The inclusion of consent in the legal definition of rape is a fight of principle, a fight for justice, and above all a necessity to better protect women victims of sexual violence. What might seem obvious has continued to encounter political resistance. Among these oppositions, France stood out for its tenacious refusal to include this measure during discussions in the European Parliament. Our country has long procrastinated, with the former Minister of Justice and the President of the Republic in the lead, thus delaying this crucial step forward for the protection of victims of sexual violence.
Changing the definition of rape to introduce consent means making the explicit will of individuals the pillar of justice in matters of sexual violence. It also means recognizing that victims, often kept in silence by shame or fear, deserve stronger protection, strengthened rights and real listening.
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In France, the current definition of rape requires proof that the victim opposed the penetration, and that the perpetrator went beyond this opposition by resorting to threats, coercion, violence or to the surprise. A simple “no” is not enough. This makes the legal classification of rape particularly complex, particularly in situations of moral constraint or surprise, which represent a large majority of rapes, often committed in the intimate sphere or close to the victim. Only 18% of rape complaints are successful today.
With this new definition, the victim will be able to prove more easily that they did not consent, while the perpetrator will have to demonstrate that he took all the necessary measures to ensure the victim's consent, particularly in situations vulnerability or state of astonishment (due to age, hierarchical relationship, disability, etc.). This legislative development will put an end to persistent injustice and strengthen the rights of victims, by offering them better recognition within the judicial system. A major breakthrough that brings us closer to a society that is fairer, more dignified, and more respectful of fundamental human rights.
Within the European institutions, I helped lay the foundations for more protective legislation regarding violence against women. The European Union, through Parliament, is often perceived as a distant institution. However, on these social issues which affect millions of women, Europe has played, and continues to play, a central role. I took this fight forward with conviction and tenacity to the European Parliament. My commitment will not stop there. As a parliamentarian, I will continue, this time in the National Assembly, to fight for women's rights.
