A French Judge has decided that a woman who claimed that her marriage to ex-husband Jean-Louis B. ended because of too little sex, deserves compensation. He has awarded her 10,000 Euros (about $14,000) in damages.
Why the Judge Sided with the Wife
The Judge in the case stated that "...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.”
In this case, the husband tried to defend himself by telling the court that he'd had medical problems over the course of his 21 year marriage to the woman known only as Monique. He also said he suffered from fatigue.
But French law is different than in many other places: The Judge cited Article 1382 of the Civil Code (C. civ., Art. 1382) which apparently states rather specifically that part of the marriage agreements means, as he stated, that the two parties to the marriage will have "regular" sex with one another.
The Judge also noted that because Jean-Louis B. could provide no medical proof of his claims of medical problems, he had no choice but to award a judgment to the wife.
Interestingly, Mr. B. apparently made no attempt to deny the accusations made against him by his former wife regarding either frequency or fault.
The lawsuit came two years after the divorce had been finalized.
Should People be Able to Sue for Lack of Sex in a Marriage?
In an interesting side note, Kimber Kennedy, wife of University of Mississippi basketball coach Andy Kennedy, is suing a couple of guys that are suing her husband for an altercation that occurred this past summer. She claims the stress of the litigation has caused a significant drop in sexual frequency between her and her husband, which according to court documents constitutes a lack of consortium. While not exactly pain and suffering, it's clear Ms. Kennedy is thinking that if she can't get enough of what she wants in bed, she is more than willing to accept money instead.
Both cases appear to highlight the same issue: are sexual relations between married people a part of the marriage contract, and if so, does one or the other parties to the marriage deserve compensation if it doesn't occur? And finally, can you really put a dollar value on it?
Clearly only time will tell.
Sources
- "Putting the ‘French’ in ‘Kiss’: Man Sued By Ex-Wife Over Lack of Sex" Above The Law, viewed September 6, 2011
- "Abstinence harmful" Flecher Poujade Panon Fairbairn, viewed September 6. 2011
- "The Thrill Is Gone: Mississippi Coach’s Wife Sues For Lack Of Sex" DeadSpin, viewed September 6, 2011
Bob Yirka - Bob Yirka has written thousands of online articles and backs them up with a BS in Computer Science/MS in Information Systems Management.
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