French President Emmanuel Macron expressed his support for including the term of "consent" in the French law that defines rape.

In France, the legal definition of rape encompasses the elements of "violence, coercion, threat or surprise," without explicitly addressing the concept of "consent." 

There is a growing demand from women's rights advocates to strengthen the law by encompassing the idea that any sexual activity without agree should be classified as rape. It is widely believed that a very small number of rape or attempted rape cases result in a conviction.

Macron Vows to Add 'Consent' to Rape Law

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TOPSHOT - France's President Emmanuel Macron addresses a speech during a meeting with senior government officials in Paris on March 12, 2024.
(Photo : LUDOVIC MARIN/POOL/AFP via Getty Images)

The organization Choisir La Cause des Femmes (Choosing Women's Cause) released a video of the meeting, which was verified by Agence France-Presse (AFP) on Wednesday. Macron's decision to include consent in the law is in response to increasing demands from advocates for women's rights for better the law's protections against sexual violence.

A group of lawmakers are currently working on a report that examines the possibility of including consent into the current law. The report is set to be presented in mid-April. Marie-Charlotte Garin, a lawmaker from the Greens, stated her appreciation for Macron's position, seeing it as a major move forward for women's rights.

However, France stood among several nations opposing the inclusion of a consent-based definition of rape in a recent EU law. Critics argued that rape lacks the requisite transnational dimension to warrant common penalties across the European Union. Despite this, Macron expressed his intent to revise French law, emphasizing that rape isn't solely a "eurocrime."

Earlier this month, the French Parliament made an important choice by signing a constitutional amendment, which solidifies abortion rights as a fundamental part of the nation's law. Macron also promised to include this right in the European Union's Charter of Fundamental Rights. 

Meanwhile, the discussion between Macron and the feminist association Choisir la cause des femmes on International Women's Day sparked exchanges related to approval in rape cases. Macron expressed his dedication to enshrine consent into French law, echoing the sentiments expressed in the confirmed video by AFP, according to Le Monde.

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Macron's Consent Stance Draws Criticism

Currently, the term of rape under French law includes sexual acts that are committed under situations involving threats, force, unexpectedly or violence. Macron seeks to deal with this issue by actively including the notion of approval, in line with the approach taken by several other EU nations.

The National Consultative Commission on Human Rights (CNCDH) defined the critical need for legal reform to address the issue of sexual violence. They pointed out that the high prevalence of such violence is a serious failure of French criminal policy.

However, Macron's apparent change of stance on the issue caused criticism, especially considering France's opposition to a consent-based definition in the European directive meant for combating violence against women. Justice Minister Eric Dupond-Moretti has expressed objections about including consent in the Criminal Code, as he believes it may place an additional burden on victims to provide evidence of consent. 

MEP Nathalie Colin-Oesterlé expressed dissatisfaction over France's unexpected shift in position, raising questions about the sincerity of Macron's recent support of consent. In a similar vein, Senator Mélanie Vogel spoke of her criticism of Macron's perceived opportunism, accusing him of cynicism.

The CNCDH identified the possibility of damage to France's reputation due to its in disagreement stance on approval within the EU directive. It advised that these inconsistencies might negatively impact the nation's standing on a global scale, EURACTIV reported.

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