The European Court of Human Rights (ECHR) has found France’s legislation inadequate in protecting against sexual violence. The ruling came in favor of a woman, identified as E.A., who accused her former boss, K.B., of coercing her into sadomasochistic sexual relations. The ECHR ordered France to pay E.A. €20,000 in damages.
Sexual Violence Case Details
The plaintiff, now in her 40s, worked as a pharmacy assistant in 2010. She became involved in sadomasochistic sexual relations with her supervisor. She later sued him, alleging “rape accompanied by torture and barbaric acts“. While a lower court initially found the man guilty, an appeals court acquitted him in 2021. The acquittal was based on a signed written agreement, which the court deemed proof of consensual relations.
ECHR Ruling
Supported by the European Association Against Violence Against Women in the Workplace (AVFT), E.A. then brought her case to the ECHR. She argued that French authorities failed to conduct an effective investigation and subjected her to “secondary victimization“. The ECHR upheld her claim, ruling that even with a written agreement, the obligation to maintain sexual relations can be withdrawn at any moment. This decision found a violation of the European Convention on Human Rights, specifically regarding the prohibition of inhuman or degrading treatment and respect for private life.
Impact on French Legislation
The ECHR’s ruling has reignited debates in France regarding the necessity of reforming French legislation, Le Monde notes. AVFT’s legal advisor, Nina Bonhomme Gianotto, emphasized that a key aspect of this case is the definition of rape.
A bill is currently under discussion in the French parliament that would define rape as “any non-consensual sexual act“. If passed, this bill would shift the burden of proving consent from the victim to the accused. This approach has already proven successful in Spain and Sweden. E.A.’s lawyer, Marjolaine Vignola, expressed hope that this verdict would prompt the French government to adopt a more progressive law, better protecting women’s rights.
