A French woman who refused to have sex with her husband won a divorce case because her actions weren’t deemed at fault by the European Court of Human Rights (ECHR). The court ruled against France’s initial decision that blamed the woman alone for not having sex, which it said violated her right to respect for private and family life.
The ECHR stated that refusing sexual relations shouldn’t be used as grounds for divorce. The case involved a 2019 French court ruling where a woman was found guilty of breaching marital duties by not having sex with her husband after an argument. France’s highest court later granted the divorce to her detriment, but the ECHR overturned this decision.
The woman, identified as H.W., argued her husband prioritized his career over family life and often behaved badly. She had four children with him and sought a divorce on grounds of fault. The husband contended she breached mutual respect by making defamatory claims against him.
In 2021, the ECHR emphasized that consent to marriage doesn’t imply consent for future sexual relations. It stated such an interpretation would negate the moral wrong of marital rape and stressed that consent must reflect a free willingness at a specific moment.
The ruling came shortly after a man was convicted in France on charges of drugging and rape, sparking debates about adding consent to rape laws.
Source: https://apnews.com/article/france-divorce-marital-sex-ruling-c8def534fc38eff2fe5e698589f8c184