Judge rules that a spouse must consent to sex with spouse...

[Coito ergo sum]

The 51-year-old man was fined under article 215 of France’s civil code, which states married couples must agree to a “shared communal life”.
A judge has now ruled that this law implies that “sexual relations must form part of a marriage”.
The rare legal decision came after the wife filed for divorce two years ago, blaming the break-up on her husband’s lack of activity in the bedroom.
A judge in Nice, southern France, then granted the divorce and ruled the husband named only as Jean-Louis B. was solely responsible for the split.
But the 47-year-old ex-wife then took him back to court demanding 10,000 euros in compensation for “lack of sex over 21 years of marriage”.
The ex-husband claimed “tiredness and health problems” had prevented him from being more attentive between the sheets.
But a judge in the south of France’s highest court in Aix-en-Provence ruled: “A sexual relationship between husband and wife is the expression of affection they have for each other, and in this case it was absent.
“By getting married, couples agree to sharing their life and this clearly implies they will have sex with each other.”

http://www.telegraph.co.uk/news/worldne ... f-sex.html

Wow - so, as I understand it, a spouse does not have to submit to their spouse, and it is possible to rape a spouse (if they don't consent to sex). But, if they fail to consent to sex often enough, then money damages can be recovered for the refusal to consent. Interesting decision.

[Gawdzilla Sama]

It's French.

[Coito ergo sum]

I guess if one moves to France and the spouse won't give it up....well...you could always threaten a lawsuit....

I want oral! Or, money damages!

[Gawdzilla Sama]

I guess if one moves to France and the spouse won't give it up....well...you could always threaten a lawsuit....

I want oral! Or, money damages!

Or at least a hall pass.

[Pappa]

The 51-year-old man was fined under article 215 of France’s civil code, which states married couples must agree to a “shared communal life”.
A judge has now ruled that this law implies that “sexual relations must form part of a marriage”.
The rare legal decision came after the wife filed for divorce two years ago, blaming the break-up on her husband’s lack of activity in the bedroom.
A judge in Nice, southern France, then granted the divorce and ruled the husband named only as Jean-Louis B. was solely responsible for the split.
But the 47-year-old ex-wife then took him back to court demanding 10,000 euros in compensation for “lack of sex over 21 years of marriage”.
The ex-husband claimed “tiredness and health problems” had prevented him from being more attentive between the sheets.
But a judge in the south of France’s highest court in Aix-en-Provence ruled: “A sexual relationship between husband and wife is the expression of affection they have for each other, and in this case it was absent.
“By getting married, couples agree to sharing their life and this clearly implies they will have sex with each other.”

http://www.telegraph.co.uk/news/worldne ... f-sex.html

Wow - so, as I understand it, a spouse does not have to submit to their spouse, and it is possible to rape a spouse (if they don't consent to sex). But, if they fail to consent to sex often enough, then money damages can be recovered for the refusal to consent. Interesting decision.

Nowhere does it say they must consent to sex. It just says that no sex is valid grounds for divorce. As blame in a divorce can (sometimes) be used to sue for damages, then the lack of sex was used as the 'fault' of the breakdown of the marriage. It's similar here in England and Wales. Lack of sex can (in most cases) be used as valid grounds for divorce. As divorce here is generally adversarial, with one party usually divorcing another and citing valid grounds why the other party's behaviour was intolerable... then presumably they could also try to sue for damages afterwards too.

[Coito ergo sum]

The judge didn't say that no sex was valid grounds for divorce - he said that the woman was entitled to a monetary payment because the husband wouldn't do her.

In the US, we're used to "no fault" divorce, where nobody needs to prove "grounds" for divorce. A court can't force you to stay married because it doesn't find "grounds."

I found the idea of "put out, or I'll sue you" sorta funny....

[Pappa]

The judge didn't say that no sex was valid grounds for divorce - he said that the woman was entitled to a monetary payment because the husband wouldn't do her.

That's not the same as saying as person has a right to rape their spouse if they don't consent to sex.

[wittywoman]

Easy to swer to love... But Love too complicated for people to accept. The automatic question is: "what do they get out of it?".

[Coito ergo sum]

The judge didn't say that no sex was valid grounds for divorce - he said that the woman was entitled to a monetary payment because the husband wouldn't do her.

That's not the same as saying as person has a right to rape their spouse if they don't consent to sex.

I know - the title was purposefully exaggerated.

The case doesn't stand for a right to "rape", but if you don't consent enough, money damages may be awarded. That is tantamount to saying, fuck me or pay me.

[FBM]

Need to see a pic of the wife before I can comment further.

[Svartalf]

I guess if one moves to France and the spouse won't give it up....well...you could always threaten a lawsuit....

I want oral! Or, money damages!

Or at least a hall pass.

Well, nowadays, adultery no longer is a peremptory motive to have the divorce declared on your sole fault...

[Svartalf]

The judge didn't say that no sex was valid grounds for divorce - he said that the woman was entitled to a monetary payment because the husband wouldn't do her.

That's not the same as saying as person has a right to rape their spouse if they don't consent to sex.

It should... I'm marrying for the sex, if the bitch won't put out I'm still entitled to getting that sex.
If she really won't stand fopr that, she can split and I'm suing her ass for both denuig me the sex due me and for leaving the conjugal home.,

[Svartalf]

Need to see a pic of the wife before I can comment further.

she's 47, maybe more now, and likely has that anger set as her default facial expression.

[Clinton Huxley]

Typical Frenchies, have to legislate for conjugal relations. I blame Napoleon....."Not tonight, Josephine..."

[Callan]

In that case, my ex-husband owes me approximately 90 million Euro.