프랑스의 비동의간음죄 도입과 그 시사점

초록

France, which defined sexual violence as all sexual violations committed by assault, force, threat and surprise, submitted a “Proposition de loi visant à modifier la définition pénale du viol et des agressions sexuelles” on January 21, 2025, which introduced the crime of non-consensual sexual offences to the National Assembly, and adopted it on April 1, 2025, and the Senate also partially amended the proposed legislation on June 18, 2025 to adopt it in a unanimous vote. Looking at its contents, sexual violence is all sexual acts committed without consent, and consent at this time is free, clear, specific, dictionary, and retractable. Consent is evaluated by considering the context, cannot be inferred from the victim's silence or absence of resistance, and there is no consent if the sexual act is committed by assault, power, intimidation, or surprise. The meaning of France's introduction of non-consensual sexual offences is to replace the rape culture with a culture of free consent, thereby realizing the social value of equality and respect, and to restore the punishment, protection, and expression functions of the criminal law. In Korea, like France, by introducing the crime of non-consent sexual offences, the parties who engage in sexual behavior should not objectify the other party, but actively confirm and respect the other party's intentions in a free state understood by both parties, and through this, a culture of respect and equality should be realized.

키워드