The case has sparked a debate in France about attitudes towards marital consent and women’s rights. HW’s lawyer, Lilia Mhissen, said the ruling overturned the outdated concept of “marital responsibility” and called on French courts to come to terms with modern ideas about consent and equality.
Women’s rights groups supporting HW said French judges continue to impose an “archaic view 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 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 started physically and verbally abusing her. Two years later, 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 it was granted.
In 2019, an appeals court in Versailles rejected her complaints and ruled in favor of her husband. France’s highest court, the Court of Cassation, later dismissed his appeal without explanation. She then brought her case to the ECHR in 2021.
The ECHR ruled that governments should only intervene in matters such as sexuality for very serious reasons. She said the idea of ”marital duties” in French law ignored the importance of consent in sex.
The court emphasized that agreeing to marry does not necessarily mean having sex in the future. To suggest otherwise, the ruling said, would effectively deny that marital rape is a serious crime.
The decision comes amid growing attention to consent in France, following the high-profile trial of Dominique Pellicote, who drugged his wife and invited men to rape her. Pélicot and 50 others involved were sentenced last month, and the case raised concerns about how French law addresses consent.
Feminist groups say the ECHR’s decision reinforces the need to update French laws and cultural attitudes.
A recent report by French MPs recommends adding the concept of non-consent to the legal definition of rape, stating that consent must be freely given and can be withdrawn at any time. .
