Legal definition of consent updated

Since November 8, 2025, the Penal Code in France has updated its definition of consent in cases of sexual assault. The new wording of Article 222-22 states that consent must be "free and informed, specific, prior, and revocable." It also clarifies that consent cannot be inferred solely from the victim's silence or lack of reaction.

Context beyond the courtroom

This legal change affects more than just court cases. In professional settings, inappropriate behavior such as unwanted remarks or pressure falls under different categories. However, psychological research shows that people often struggle to clearly express their refusal or accurately interpret others' intentions.

Psychological testing of reactions

Psychologists Woodzicka and LaFrance tested how people predict their own reactions in uncomfortable situations. When asked to imagine refusing an intrusive question in an interview, most women said they would. However, in real interviews, no one refused, showing a gap between imagined and actual behavior.

The illusion of courage

Similar discrepancies appear in psychological studies like Stanley Milgram's. Participants believed they would not administer shocks to a stranger, but many did. Psychologist Leaf Van Boven refers to this as an "illusion of courage," where people underestimate the impact of fear and embarrassment.

Workplace dynamics and fear

At work, refusing unwanted advances can bring additional risks, such as being sidelined or losing opportunities. Saying no is not just a choice but a risk of facing consequences. This makes it more complex than it appears.

Legal shift in burden of proof

The new law removes the possibility for the accused to rely solely on the victim's silence to claim consent. This is significant in hierarchical relationships, where expressing refusal can be particularly challenging.

Misunderstandings in power dynamics

Psychologist Vanessa Bohns found that people in positions of power often overestimate how easy it is for others to refuse them. A hesitant smile or an evasive answer may be misinterpreted as interest or encouragement.

Power affecting perspective

Psychologist Adam Galinsky's research shows that power can reduce the ability to understand others' perspectives. A manager may see a request as a proposition, while a colleague sees it as a difficult refusal. This dynamic was described by Monica Lewinsky in Vanity Fair in 2018.

New avenues for assessing consent

The updated law allows for assessing consent based on the specific circumstances, including the relationship between the individuals. This can help interpret silence or identify constraints that may affect consent. The labor code also recognizes serious pressure, even if not repeated, as sexual harassment.

Risks of new legal interpretation

While the new law fills gaps, it also introduces risks. Without physical evidence, there may be a tendency to analyze the victim's behavior for signs of consent. This is especially relevant in the workplace, where social dynamics and power imbalances can influence interpretation.

Need for organizational prevention

Preventing such situations primarily falls to organizations. They can train managers on the effects of power, create safe reporting channels, and empower witnesses to act. The focus shifts from asking "Why didn't she say no?" to "Could she say no?"

Reevaluating managerial responsibility

For managers, this means questioning whether a colleague's silence truly indicates consent. If someone believes they cannot refuse, their silence may not mean agreement. This reevaluation is crucial for fostering a respectful and safe workplace.