Article 215 of the French Civil Code ~ Not Tonight, I Have a Headache

In 1804, a short dude with a funny hat named Napoleon brought to completion a project dear to the hearts of the French revolutionaries, the drafting of new law codes. The French Civil Code. Of course over the years they have been frequently amended, as well as judicially re-interpreted.  There are now more than 40 of them and the basic “compact” version of the Civil Code runs to nearly 3,000 pages. That is a lot of jibber-jabber for one book. So when Last Exit to Reality heard that a judge in Nice pulled out article 215 and smacked a guy with a €10000 fine for not having sex with his wife, we had to dig a little deeper to see what was going on.

We had a look around the internet and found 20 pages reporting the same story. And more than a few blogs which were critical of the decision (written by men). Basically, the story goes like this:

A Frenchman has been ordered to pay his former wife €10000 in damages for failing to have enough sex with her. Jean-Louis B, 51, was fined in Nice under article 215 of France’s civil code, which says married couples must agree to a “shared communal life”.A judge ruled this applied to sex in marriage. The man blamed “tiredness” and health issues. “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 share their life and this clearly implies they will have sex with each other,” the judge said.

€10000! That could buy a lot of very high quality equipment and batteries to do a proper job.

Several male bloggers have been going on about how feminism was now “out of control.”  And another said “what kind of depraved country would allow this?” (As it turns out, his country’s laws are ALSO based o the French civil code – many nations are.) It seems a lot of men out there are scared of the implications this might have on them. Honestly guys, if you can’t manage to do the job at all, why are you getting married? I am sure plenty of men have the same complaint. This is not a gender issue.

The real question here is, why did Jean-Louis B even admit that he was at fault? He could have just said ” no, that’s not, true prove it.” How does she prove she’s not had sex? Just because someone hasn’t got kids doesn’t mean they don’t have sex. What if he wore a condom every time? Unless the woman was still a virgin or the brainless idiot stood up and admitted to it (which he did)  we can’t see how it could possibly be proven.

How does one protect themselves from something like this anyway? Video tape? Live feed web cam to your lawyer’s office? But the actual judgement was for failing to have enough sex with her. Exactly how much is enough? Who makes a decision on that?

So Last Exit went to France this week to find out exactly what was going on. It was not hard to track Jean-Louis down. At a cafe in Nice he told us “I tried many times, but as you can see this was not easy.” He claims he married her after a drunken night in Paris and only realized his mistake the next day. “The reason I had to admit that I had not done the deed with her is, well, please see for yourself.” He went on to say, “Once was enough, but she wanted it a second time, and I could not seem to get drunk enough again.” He then supplied us with a photo which he claims was taken on their 19th wedding anniversary. We could not confirm that the picture was her (she would not answer our calls) but we will let you, our faithful readers, decide for yourself.

::: Pas ce soir j’ai une migraine :::

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