66-Year-Old Woman Sentenced for Not Having Sex with Her Husband Sued the State | the Chronicle

A woman sentenced by French justice in 2019 for not having had sexual relations with her husband sued the French state before the European Court of Human Rights (ECHR), to request a change of interpretation of the judges .

Barbara, 66, with four children, was found guilty in a civil court of divorce with her husband, as three judges from a Versailles appeals court ruled, reported Euronews.

This tribunal held that there was “a serious and continuous violation of the duties and obligations of marriage, making the maintenance of common life intolerable”. However, the woman was not ordered to pay compensation.

The lawyer, Lilian mhissen, explained that theuchan to eliminate this “principle” of guilt taken from a reading “archaic” that the magistrates of the various authorities did.

“In French law, there is no obligation to have sexual relations. It is an interpretation made by judges which dates back to canon law from the time of Napoleon (19th century) and which persists in France “Mhissen lamented.

For the avocado, it is also “surprising” that the conviction was pronounced by a tribunal composed of three women. The process can take years until there is an ECHR ruling, he added.

“In the articles of the civil code that a mayor reads when two people marry, it is mentioned that the marriage is due to respect, help and fidelity (…) We ask that the interpretation of the fidelity and that of living together as an obligation to have end-of-life relationships “, he pointed out.

Mhissen argued that judges themselves can “stop applying this interpretation” before the decision of the European Court of Human Rights is rendered.

Other similar convictions in France and England

The lawyer recalled that the United Kingdom had already been condemned by this Court in 1995 “in the criminal aspect” by allowing a man who raped his wife to be prosecuted.

“In France, there is already a decision in the same direction. Marital rape is planned, but before a civil judge if the woman does not want relations, she is making a mistake”, to complain.

Mhissen recalled that there have already been other convictions in France for non-compliance with the conjugal debit in marriage: “In 2011, a man was sentenced for not having slept with his wife” to a fine of 10,000 euros.

Barbara, who has suffered from serious health problems since 1992 that led to her disability, had the support and assistance of the feminist associations Fundación de las Mujeres and the Feminist Collective Against Rape.

The president of the latter group, Emmanuelle Piet, explained to Efe that the complainant “will not earn any compensation” if the process expires, although it is possible to lobby for legislative change.

Piet he assumed that Barbara was a long battle, like the one against marital rape. “It took us twelve years of resources. Since 2006, marital rape is an aggravating circumstance in France”, he remembered.