French divorcee wins appeal over refusal to have sex with husband

French divorcee wins appeal over  refusal to have sex with husband.

The European Court of Human Rights  building, on which two  separate circular towers  have been built
A French woman who stopped having sex with her husband has won a ruling from Europe's highest human rights court, which  said she should not  be held responsible for  her divorce.
The European Court of Human Rights (ECHR)  ruled in the 69-year-old  woman's favour on Thursday, saying courts should not consider refusal to  have sex as grounds for  misconduct in  a divorce.
The unanimous  ruling found that France had violated her right to respect for private and family life under European human rights law - ending a legal dispute  that has  lasted almost a  decade.
The French woman, identified as Ms H.W,  hailed the decision as a step forward in ending "rape culture" and promoting consent  in marriage.
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The case has sparked debate about attitudes  towards consent  in marriage and women's rights in France. Lilia Mhissen, H.W.'s lawyer, said the  ruling dismantled the outdated concept of  "conjugal duty" and called  on French courts to align  it with modern  understandings of consent and  equality.
Women's rights groups supporting H.W. said French judges continue to impose an "archaic vision of  marriage" that perpetuates harmful  stereotypes.
H.W., who lives in Le Chesnay near Paris, married her husband,  J.C., in 1984. They had four children, including a  disabled daughter who required constant care, a responsibility  that H.W.  had to shoulder.
Their marital  relationship deteriorated after the birth of their first  child, and  in 1992, H.W. In 2002, her husband  began to physically and verbally  abuse her. Two years later, she  ended sexual relations with him and  filed for divorce in  2012.
The wife does not  oppose the divorce, which she had also requested, but  she objects to the grounds on which it was  granted.
In 2019, an appeals court in Versailles rejected her  appeals and ruled in  favor of her husband. The Court of Cassation,  France's highest court,  rejected her appeal without explanation. She then  referred her case to the ECHR in  2021.
The ECHR ruled that governments should only intervene in matters  such as sexuality for very serious reasons. It  said the  notion of  "conjugal duties" in French law ignored the importance of consent in sexual  relations.
The court  stressed that  consenting to marry does not mean  consenting to have  sexual relations in the future.  To suggest otherwise, the ruling said, would  be to deny that marital rape is a serious  crime. The decision comes amid growing  scrutiny of consent in  France following the high-profile trial of Dominique Pélicot, who drugged his wife and invited men to rape her. Pélicot and the 50 men involved were convicted last month, and the case  has raised concerns about how French law  treats consent.
Feminist groups  say the ECHR  ruling reinforces the need to update French laws and cultural  attitudes.
A recent report by French  parliamentarians recommended including the concept of non-consent in the legal definition of rape,  arguing that consent must be freely given and can be withdrawn at any  time.