France Says No to Marital 'Duty' for Sex

Tue Feb 03 2026 14:27:26 GMT+0200 (Eastern European Standard Time)

In a landmark decision, France abolishes the concept of marital duty to have sex, aiming to enhance consent and address issues of marital rape.

France has officially eliminated the idea of 'conjugal rights' from its civil code, which once implied a spousal obligation to engage in sexual relations. The new legislation clarifies that marriage does not equate to a duty for sexual consent, thus protecting individuals' rights within a marriage. Supporters believe this move will contribute to combating marital rape. This shift in law signifies a critical step towards acknowledging the importance of consent in marriage and removing archaic notions of duty.

France is set to end the concept of 'conjugal rights' — the idea that marriage includes a duty for spouses to have sex. This new law aims to clarify that simply being in a marriage does not impose sexual obligations.

A bill was approved by the French National Assembly this week, which adds a stipulation to the civil code stating that 'community of living' does not compel sexual relations. The law also stipulates that lack of sexual relations cannot be used as grounds for fault in divorce proceedings.

While the law's practical impact in court may be limited, supporters hope it will aid in efforts to deter marital rape. 'By allowing such a right or duty to persist, we are collectively giving our approval to a system of domination and predation by husband on wife,' said Green MP Marie-Charlotte Garin, the bill's sponsor.

Currently, the French civil code specifies that marriage includes duties of 'respect, fidelity, support, and assistance,' without referring to ministerial rights. However, judges have historically interpreted 'community of living' to sometimes include sexual relations.

In a notable 2019 case, a woman withholding sex led to a fault-based divorce ruling, a precedent that was later condemned by the European Court of Human Rights for allowing such a ruling based on non-consent. The new law serves to remove any ambiguity surrounding the notion of sex as a marital duty.

Unfortunately, elements of marital duty continue to linger in social attitudes that need reformation. Campaigners are hopeful that this law will spark further discussions and changes regarding consent and sexual rights in marriage.