A proposed "comprehensive law" aimed at addressing sexual and sexist violence against women and children is currently under review by the National Assembly. The text, submitted on 11 August 2026, is set to be discussed in the chamber starting from 1 October, with a planned vote on 13 October. This proposal represents a significant expansion from a previous, more limited proposal adopted in first reading on 12 May 2026, which focused on ensuring the information and protection of victims when their aggressor is released.
The new law seeks to address sexual and sexist violence across multiple areas, including police, justice, education, higher education, work, child protection, health, and digital use. It aims to move away from treating each situation in isolation and instead adopt a transversal approach, meaning it looks at the issue from multiple angles. This shift aligns with a long history of efforts to recognize and address such violence as a political, legal, and cultural issue.
The history of legal responses to sexual violence includes the 1980 law that defined rape as "any act of sexual penetration" committed by "violence, constraint or surprise." In 2025, a new law amended the penal definition of rape and sexual assaults, introducing the concept of "non-consensual sexual act." Consent must be "free and informed, specific, prior and revocable," assessed in the light of the circumstances and cannot be inferred from silence or the absence of reaction alone. Violence, constraint, threat and surprise remain explicitly situations excluding consent.
The proposed law includes provisions to prohibit the collection of evidence on the sexual history, credibility, or morality of the victim in procedures relating to sexual, sexist, or intrafamilial violence. It also states that the victim's past sexual behavior cannot be used to establish her consent. However, some parliamentarians have questioned how this measure interacts with the rights of the defense, and the wording may still evolve in the chamber.
Article 68 of the proposed law commits the nation to allocating three billion euros annually from 2027 to 2032 to the fight against sexual and sexist violence against women and children. However, this funding will need to be decided in budgetary texts and is a key point of discussion in the special commission.
Cultural and academic works have contributed to the discourse on sexual violence, including books by Camille Masclet, Marie Chartron, Clara Serra, Bérénice Hamidi, and Gaëlle Marti. These works examine the history, legal definitions, and societal implications of sexual violence, as well as the role of cultural productions in shaping public perceptions.
The proposed law is part of a broader effort to bring sexual violence into the public sphere and address it through legal and social frameworks. However, the effectiveness of such laws depends on the availability of resources, trained personnel, and the ability to reduce delays in legal processes.
New Legislation Aims to Address Sexual and Sexist Violence Against Women and Children
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