A French woman has won her appeal at the European Court of Human Rights (ECHR) after initially being blamed for her divorce because she stopped having sex with her husband. Known only as Ms. H.W., the 69-year-old argued that refusing sex should not be considered grounds for fault in a divorce, a stance the ECHR unanimously upheld. The court found that the earlier ruling violated her right to private and family life under European human rights law.
Ms. H.W. had stopped having sexual relations with her husband in 2002, citing his physical and verbal abuse, which began after the birth of their first child. The couple married in 1984, had four children, and separated after 28 years together. She filed for divorce in 2012, claiming her husband prioritized his career over family life and was abusive. Although the family home was awarded to her in 2013, the earlier court ruling placed partial blame on her for refusing intimacy.
The ECHR ruling emphasized that consent in marriage does not imply an obligation to sexual relations. The court stated that requiring such consent undermines the principle of dignity and freedom in marriage. Ms. H.W. described the decision as a victory for women’s rights and a step toward ending marital rape culture, reinforcing that sexual consent must always be given freely and willingly.
This landmark case has sparked conversations about consent, autonomy, and the evolving legal definitions of marital obligations, setting a precedent for how such cases are approached in the future.
