French woman wins ECHR case for refusing to have sex in divorce ruling

A French woman who stopped having sex with her husband has won a ruling from Europe’s highest human rights court that she should not have been blamed for her divorce.

The European Court of Human Rights (ECtHR) sided with the 69-year-old on Thursday and said courts should not consider refusal to have sex as a reason for fault in divorce.

The unanimous decision found that France had violated his right to respect for private and family life under European human rights law, ending a legal dispute that has dragged on for almost a decade.

The French woman, identified as HW, welcomed the decision as a step forward in ending “rape culture” and promoting consent within marriage.

The case has sparked debate about attitudes towards marital consent and women’s rights in France. Lilia Mhissen, HW’s lawyer, said the decision dismantled the outdated concept of “marital duty” and called on French courts to align with modern views on consent and equality.

Women’s rights groups supporting HW said French judges continue to impose an “archaic view of marriage,” which perpetuates harmful stereotypes.

HW, who lives in Le Chesnay, near Paris, married her husband, JC, in 1984. They had four children, including a daughter with a disability who required constant care, a responsibility that HW took on.

Their marital relations deteriorated after the birth of their first child and in 1992, HW began to experience health problems. In 2002, her husband began physically and verbally abusing her. Two years later, she stopped having sex with him and filed for divorce in 2012.

The woman did not challenge the divorce, which she had also requested, but she objected to the reasons on which it was granted.

In 2019, a Versailles appeals court rejected her complaints and ruled in favor of her husband. The Court of Cassation, France’s highest court, subsequently dismissed his appeal without explanation. He then took his case to the ECtHR in 2021.

The ECtHR ruled that governments should only intervene in matters such as sexuality for very serious reasons. He claimed that the idea of ​​”marital duties” in French law ignored the importance of consent in sexual relations.

The court emphasized that agreeing to get married does not mean agreeing to have sexual relations in the future. To suggest otherwise, according to the ruling, would effectively deny that marital rape is a serious crime.

The ruling comes amid growing attention to consent in France, following the high-profile trial of Dominique Pélicot, who drugged his wife and invited men to rape her. Pélicot and the 50 men involved were convicted last month and the case raised concerns about how French law addresses consent.

Feminist groups argue that the ECHR decision reinforces the need to update French laws and cultural attitudes.

A recent report by French parliamentarians recommended including the concept of lack of consent in the legal definition of rape, stating that consent must be freely given and can be withdrawn at any time.