A French woman won a case before the ECHR for refusing to have sex in a divorce judgment

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

The European Court of Human Rights (ECHR) sided with the 69-year-old on Thursday, saying courts should not consider refusing to engage in sexual relations as grounds for fault in a divorce.

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

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

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 Lilia Mhissen, HW’s lawyer, said the decision dismantled the outdated concept of “marital duty” and called on French courts to align with modern views of consent and equality.

Women’s rights groups that support HW said French judges continue to impose an “archaic vision of marriage” that perpetuates harmful stereotypes.

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

Their marital relationship deteriorated after the birth of their first child and by 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 contest the divorce, which she also requested, but objected to the reasons for which it was granted.

In 2019, an appeals court in Versailles dismissed her complaints and ruled in favor of her husband. The Court of Cassation, France’s highest court, later dismissed her appeal without explanation. She then took her case to the European Court of Human Rights in 2021.

The ECHR ruled that governments should only intervene in matters such as sexuality for very serious reasons. It is said that the idea of ​​”marital duties” in French law ignores the importance of consent in sexual relations.

The court emphasized that consent to marriage does not mean consent to sex in the future. To suggest otherwise, the ruling states, would actually deny that marital rape is a serious crime.

The ruling comes amid increasing attention on 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 has raised concerns about how French law treats consent.

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

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