Consent at centre of France’s Rape Reform Law

Why in the News?

1. France has passed a landmark law that defines rape as any non-consensual sexual act, placing consent at the centre of criminal law.
2. The reform follows high-profile cases and widespread public mobilisation, notably the Gisèle Pelicot trial, which created strong political and social pressure for legal change.

Key Highlights

1. How did the problem become visible?
   1. Courageous survivors and activists brought attention to how current laws and practices failed to protect victims.
   2. High-profile cases and public testimonies showed that many survivors faced social stigma, hostile questioning, and long legal battles. These stories made the public and policymakers see the gap between law and lived reality.
2. A landmark case shifts public mood
   1. The Gisèle Pelicot case became a turning point. A survivor’s testimony led to multiple convictions and inspired other victims and civil society to demand clearer protections.
   2. This case helped people understand that consent, not only physical violence, should define sexual crimes.
   3. The new law clarifies that absence of consent makes an act criminal, even if physical violence is not proven. This legal change aligns statutory language with modern human-rights standards.
3. The law is a necessary but incomplete step
   1. After the law passed, experts and activists emphasised that legal reform is only the first step. The law provides clarity, but many practical barriers remain, such as low conviction rates, slow investigations, and lack of accessible support for survivors.
4. Institutional reforms are needed for justice to work
   1. Then, attention turned to police, medical services and courts.
   2. To make the law effective, investigators must use trauma-informed methods, forensic services must improve, and prosecutors and judges must be trained to handle consent-based cases sensitively.
5. Prevention and social change are essential
   1. Long-term change requires prevention. Educating children and young people about consent, challenging patriarchal norms, and running community campaigns can reduce sexual violence over time. Support services for survivors, such as counselling, legal aid and safe shelters must be expanded.

Laws and Legal Protections from Sexual Harassment in India

1. Constitutional Safeguards
   1. Article 14 – Ensures equality before law and equal protection of laws.
   2. Article 15 – Prohibits discrimination on grounds of sex, among others.
   3. Article 19(1)(g) – Guarantees right to work, which includes a safe workplace.
   4. Article 21 – Protects the right to life and personal liberty, interpreted by courts to include the right to live with dignity and sexual autonomy.
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — POSH Act
   1. Purpose:
      1. To ensure women have a safe working environment, free from sexual harassment.
   2. Key Features:
      1. Definition: Sexual harassment includes physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, or any unwelcome sexual conduct.
      2. Applicability: Covers all workplaces — government, private sector, NGOs, educational institutions, and even the unorganised sector.

• Internal Complaints Committee (ICC):
  1. Mandatory for every organisation with 10 or more employees.
  2. Headed by a senior woman employee.
  3. Must investigate complaints within a set timeframe.

1. Local Complaints Committee (LCC):
   1. Established by the District Officer for workplaces with fewer than 10 employees or where there is no ICC.
2. Penalties:
   1. Employers failing to comply can face fines up to ₹50,000 and cancellation of business licenses.
3. Indian Penal Code (IPC), 1860 – Criminal Provisions
   1. Section 354 Series — Offences Against Women’s Modesty
      1. Section 354: Assault or use of criminal force on a woman intending to outrage her modesty (Punishment: up to 5 years imprisonment).
      2. Section 354A: Defines sexual harassment — includes physical contact, demand for sexual favours, showing pornography, or sexually coloured remarks (Punishment: 1–3 years imprisonment and/or fine).

• Section 354B: Assault or use of criminal force to disrobe a woman (Punishment: 3–7 years imprisonment).

1. Section 354C: Voyeurism — watching or capturing images of a woman without consent (Punishment: 1–3 years imprisonment).
2. Section 354D: Stalking — following or contacting a woman repeatedly without consent (Punishment: up to 3 years for first offence).

1. Section 376 Series — Rape and Related Offences
   1. Section 375: Defines rape — includes all non-consensual sexual acts.
   2. Section 376: Punishment for rape — minimum 10 years, may extend to life imprisonment.

• Section 376(2): Enhanced punishment for rape by police, armed forces, public servants, or persons in authority.

1. Section 376D: Gang rape — 20 years to life imprisonment.
2. Section 376E: Repeat offenders can face death penalty.

4. The Criminal Law (Amendment) Act, 2013
   1. Passed after the Nirbhaya Case (2012).
   2. Broadened the definition of sexual offences.
   3. Introduced Sections 354A–D, criminalised stalking and voyeurism, and strengthened punishment for rape and acid attacks.
   4. Recognised non-penetrative acts (like oral sex or object penetration) as rape.
   5. Mandated speedy trials through fast-track courts.
5. Protection of Children from Sexual Offences (POCSO) Act, 2012
   1. Purpose:
      1. To protect children (below 18 years) from sexual abuse, assault, and harassment.
   2. Key Features:
      1. Gender-neutral law — protects both boys and girls.
      2. Special Courts — for speedy trials.

• Mandatory Reporting: Any person aware of sexual abuse of a child must report it.

1. Child-friendly Procedures: Recording statements at child’s home, presence of guardian, no direct cross-examination by accused.
2. Recent Amendment (2019): Introduced death penalty for aggravated sexual assault on minors.

6. The Vishaka Guidelines (1997) — The Foundation of POSH Act
   1. Laid down by the Supreme Court in Vishaka v. State of Rajasthan (1997).
   2. Recognised sexual harassment at workplace as a violation of Articles 14, 15, and 21.
   3. Directed all employers to establish complaint committees and preventive mechanisms.
   4. Formed the basis for the 2013 POSH Act.
7. Other Relevant Laws and Policies
   1. Indecent Representation of Women (Prohibition) Act, 1986: Prohibits indecent portrayal of women in advertisements, publications or online.
   2. Information Technology Act, 2000: Section 67 penalises publishing or transmitting obscene material in electronic form.
   3. Dowry Prohibition Act, 1961 & Domestic Violence Act, 2005: Protect women from harassment linked to dowry and domestic abuse.
   4. National Commission for Women (NCW) Act, 1990: Provides a national platform for redressal and policy advocacy on women’s rights.
8. Institutional Mechanisms
   1. One-Stop Centres (OSC): Provide integrated support — medical, legal, counselling — to survivors.
   2. Fast Track Special Courts (FTSCs): Set up across India for quick trial of sexual offence cases.
9. Judicial Interpretations Strengthening Protection
   1. Vishaka v. State of Rajasthan (1997): Recognised sexual harassment as violation of fundamental rights.
   2. Lillu @ Rajesh v. State of Haryana (2013): Declared the “two-finger test” unconstitutional.
   3. State of Punjab v. Gurmit Singh (1996): Held that victim’s testimony alone can be sufficient for conviction if credible.
   4. Joseph Shine v. Union of India (2018): Decriminalised adultery but emphasised sexual autonomy and equality.

Key Terms

1. Consent
   1. Consent is a free and informed agreement to engage in a specific sexual activity at the time it happens.
   2. Consent must be given voluntarily and can be withdrawn at any time.
   3. Silence or lack of resistance does not automatically mean consent.
   4. Understanding and teaching consent helps prevent sexual violence and protects autonomy.
2. Trauma-Informed Approach
   1. A trauma-informed approach recognises how past trauma affects behaviour and response to services.
   2. It seeks to avoid re-traumatising survivors by using respectful, empathetic procedures.
   3. This approach improves cooperation and recovery and can strengthen criminal investigations.
3. Victim-Blaming
   1. Victim-blaming assigns responsibility for the crime to the survivor, based on behaviour or clothing.
   2. It discourages reporting, increases stigma, and undermines justice.
   3. Public education and strong institutional responses are needed to counter this harmful attitude.

Implications

1. Clearer legal standards can reduce ambiguity in prosecutions and may improve access to justice for survivors.
2. The law can drive a cultural shift by validating sexual autonomy and delegitimising coercive behaviour.
3. Police and courts will need training and resources to implement the law fairly and effectively.
4. Long-term prevention will require education and community engagement starting in schools.
5. Governments must fund medical, psychological and legal support so survivors can pursue cases without undue hardship.

Challenges and Way Forward

Conclusion

The French law making consent the core of rape legislation is a major step forward for survivor rights and public morality. However, legal reform by itself cannot end sexual violence. To make the law meaningful, governments must reform institutions, improve support services, and invest in prevention through education and community change. Only a combined legal and social effort will make consent real in everyday life.