A 69-year-old French woman who stopped having sex with her husband in 2004 faced legal challenges when her husband obtained a divorce. The European Court of Human Rights ruled that the woman should not be considered “at fault” for the divorce, emphasizing that women’s private and family lives are their own to protect.
The case, brought by the woman in 2021 after being dismissed by French courts, highlighted concerns about France’s legal treatment of marital duties. The European Court concluded that any concept of marital obligations must respect women’s bodily autonomy and consent as a foundation for sexual relations.
The woman and her husband, Jean-Claude, married in 1984 and had four children, including a disabled daughter who relied on her mother’s care. After their first child’s birth, relations deteriorated, leading to health issues for the woman. In 2002, her husband began abuse, prompting her to stop having sex with him in 2004. She later filed for divorce in 2012 but was dismissed by an appeals court in Versailles without specific reasons.
Two French women’s rights groups supported her case, stressing that marriage should not equate to sexual servitude and that judges must not impose obligations on women to have sex. The woman took the case directly to the European Court of Human Rights in 2021, with the groups stating that France’s legal framework no longer mandates marital duties or sexual relations between spouses.
Agence France-Presse contributed to this report
Source: https://www.theguardian.com/world/2025/jan/23