French Literature Reviews - 2026
To Consent to What?
History, Politics and Society
Sexual relations are governed by a fundamental principle of freedom; in this domain, the law tends to be more discreet and tolerant than in others. Accordingly, consent—understood as the clear expression of free and informed will—plays a paramount role, a principle now formally recognized by the law of November 6, 2025, which introduced this notion into the legal definition of rape and sexual assault. The landmark Mazan rape trial reinforced this framing of the issue, as the question of the victim's consent stood at the very heart of both the interpretation of the video evidence and the defendants' legal strategy. However, as necessary as this consent may be, and assuming it can be established with certainty, is it truly sufficient? Can it be evaluated without taking into account the nature of the acts committed? It is precisely because they look away from the objective violence of the facts that judges fail to fully grasp the reality of sexual assaults. The mere existence of consent does not suffice to legitimize everything. Consent, certainly—but to what? This is the central question raised in Muriel Fabre-Magnan's essay published in the Tract collection (Gallimard), a work that is as precise as it is engaged: namely, where to draw the limits so that sexual violence does not go unpunished. Discover an excerpt from this essay…
The legal framework surrounding sexual violence has evolved significantly, particularly with the integration of consent as a core criterion for defining criminal acts. This shift reflects a broader intellectual effort to reconcile individual autonomy with the protection of bodily integrity. By focusing on the legal status of consent, the discussion engages with long-standing debates in jurisprudence regarding the boundaries of personal freedom. These inquiries often intersect with contemporary societal concerns about how judicial systems interpret evidence and evaluate the nature of harm in cases involving sexual assault and legal definitions of violence.
Muriel Fabre-Magnan's essay, published in the Tract collection (Gallimard), examines the adequacy of consent as a metric for evaluating sexual conduct and questions whether it can account for the objective reality of violent acts. The text explores the tension between the legal recognition of free will and the necessity of establishing limits regarding sexual violence. By examining the implications of recent legislative changes and judicial proceedings, the work addresses the complexities of applying legal principles to sexual assault. Readers interested in the intersection of law, ethics, and sexual violence may find this reflection relevant.