A French woman won a case at the ECtHR for refusing sex in a divorce decision

A French woman who stopped having sex with her husband has won a ruling from Europe’s highest human rights court that says she should not be blamed for their divorce.

The European Court of Human Rights (ECHR) sided with the 69-year-old on Thursday, saying that courts should not consider refusal to have sex as grounds for fault in a divorce.

The unanimous decision found that France had breached her right to respect for private and family life under European human rights law – ending a legal dispute that has dragged on for almost a decade.

The French woman, identified as Ms HW, celebrated the decision as a step forward in ending “rape culture” and promoting consensual marriage.

The case sparked a debate about attitudes to marital consent and women’s rights in France. Lilia Mhisen, HW’s lawyer, said the ruling removed the outdated concept of “marital duty” and called on French courts to align with modern views on consent and equality.

Women’s rights groups supporting HW said French judges continue to impose an “archaic vision of marriage” that perpetuates harmful stereotypes.

HW, who lives in Le Chesnay near Paris, married her husband JC in 1984. They have four children, including a daughter with a disability who requires constant care, a responsibility that HW takes on.

Their marital relationship deteriorated after the birth of their first child until 1992. HW started experiencing health problems. In 2002 her husband began abusing her physically and verbally. Two years later, she stopped having sex with him and filed for divorce in 2012.

The wife does not dispute the divorce, which she also requested, but she disputes the grounds on which it was granted.

In 2019 the Court of Appeal at Versailles rejected her appeals and ruled in favor of her husband. The Court of Cassation, France’s highest court, later rejected her appeal without explanation. She then took her case to the ECtHR in 2021.

The ECtHR ruled that governments should only intervene in matters such as sexuality for very serious reasons. It states that the idea of ​​”marital obligations” in French law ignores the importance of consent in sexual relations.

The court emphasized that consent to marriage does not mean consent to 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 Pellicot, who drugged his wife and invited men to rape her. Pellicot and the 50 men involved were sentenced last month and the case has raised concerns about how French law treats consent.

Feminist groups say the ECtHR ruling reinforces the need to update French laws and cultural attitudes.

A recent report by French MPs recommended including the concept of lack of consent in the legal definition of rape, stating that consent must be freely given and can be withdrawn at any time.