Overview

• The European Court of Human Rights ruled on 4 September that France violated Articles 3 and 8 by failing to criminalize and effectively enforce protections against non‑consensual sexual acts.
• The court criticized French authorities for excluding sexual elements from the inquiry, conducting partial investigations, allowing excessive delays, and misassessing the applicant’s consent.
• Judges reaffirmed that consent must reflect free will at the time of a specific act and cannot be established through prior written contracts or blanket agreements.
• France was ordered to pay the applicant €20,000 for moral damage plus €1,503.77 in legal costs tied to a case that ended in a 2021 appellate acquittal based on a signed “master/chienne” contract.
• The case, which began with a 2013 complaint following a workplace relationship initiated in 2010, is seen by lawyers and campaigners as likely to spur legislative efforts to redefine rape as any non‑consensual act in French law.