French divorcee wins appeal over husband’s refusal to have sex
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 be blamed for their divorce.
The European Court of Human Rights (ECHR) on Thursday sided with a 69-year-old man, saying courts should not consider a refusal to engage in sexual relations as a fault ground in a divorce.
The unanimous decision found that France had violated the right to respect for private and family life under European human rights law – ending a legal dispute that has lasted nearly a decade.
The French woman, identified as Ms HW, celebrated the decision as a step towards ending “rape culture” and promoting consent within marriage.
The case has sparked debate in France about attitudes towards marital consent and women’s rights. HW’s lawyer Lilia Mhisen said the ruling dismantled an outdated concept of “marital duty” and called on French courts to engage with modern ideas on consent and equality.
Women’s rights groups supporting HW said French judges continue to enforce an “archaic vision of marriage” that perpetuates harmful stereotypes.
HW, who lives in Le Chesne, near Paris, married her husband, Jesse, in 1984. They had four children, including a disabled daughter who required constant care, a responsibility HW took on.
Their marital relationship deteriorated after the birth of their first child and by 1992, HW began experiencing health problems. In 2002, her husband started abusing her physically and verbally. After two years, he stopped having sex with her and filed for divorce in 2012.
The woman did not dispute the divorce, which she had also requested, but objected to the grounds on which the divorce was granted.
In 2019, an appeals court in Versailles rejected her complaints and ruled in her husband’s favor. France’s highest court, the Court of Cassation, later rejected his appeal without explanation. She then brought her case to the ECHR in 2021.
The ECHR ruled that governments should intervene in matters such as sexuality only for very serious reasons. It states that the idea of ”marital duties” in French law has ignored the importance of consent in sexual relationships.
The court emphasized that agreeing to marriage does not mean agreeing to have sexual relations in the future. The judgment said that suggesting otherwise would effectively deny that marital rape is a serious crime.
The decision comes amid increased attention to consent in France following the high-profile trial of Dominique Pelliquot, who drugged his wife and invited men to rape her. Pellicot and 50 people involved were convicted last month, and the case raised concerns over how French law addresses consent.
Feminist groups argue that the ECHR’s decision reinforces the need to update French laws and cultural attitudes.
A recent report by French parliamentarians recommends 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.
