French mass rape trial ignites calls for changes to the law to include consent

PARIS: In recent months, calls have been growing louder in France to change a culture of victim-blaming and laws surrounding sexual crimes – sparked by a trial that has made headlines around the world.

Dominique Pelicot admitted to repeatedly drugging his then-wife Gisele Pelicot with a powerful sedative, raping her, and inviting at least 70 strangers to rape and abuse her over a decade.

The case only came to light when he was arrested for upskirt offences. Thousands of images and videos of the rapes were then found on his devices.

French prosecutors are now seeking the maximum 20-year jail sentence for the 71-year-old, while 50 other men have been charged with raping Gisele Pelicot. The court is set to deliver verdicts and sentencing for all of them by Dec 20.

The case, which sparked debate in France about attitudes towards consent, could also lead to changes in French rape laws.

Many argue the legal definition of rape – which currently includes notions of “violence, coercion, threat, or surprise” – must also incorporate consent, a move that the country’s Justice Minister Didier Migaud has said he is in favour of.

There is also hope that through Gisele Pelicot’s bravery and the consequences of the trial, deeper changes in French society can take place.

Her legal team said she had waived her anonymity to alert the public to drug-induced assaults, even though her case in the southern city of Avignon could have been held behind closed doors.

RISE OF DATE-RAPE DRUGS

According to the National Agency for Medicine Safety, reports of substances being used to carry out sexual abuse have been increasing over the past 20 years.

The suspected use of date-rape drugs, as they are also known, has reached the upper corridors of power as well.

In November 2023, Sandrine Josso, a French Member of Parliament for the Democratic Movement party, accused senator Joel Guerriau of spiking her drink with ecstasy with the aim of sexually assaulting her.

He denies the claim but has been preliminarily charged with the offence while investigations are underway.

Prime Minister Emmanuel Macron has asked Josso and a female senator to work on addressing sexual violence issues.

“We are going to work on important matters, notably the fact that we must do a little bit more on prevention and also raise awareness. We have to locate the victims and give them better support. It is important that we make recommendations at the end of our report,” said Josso.

LACK OF CONFIDENCE IN JUSTICE SYSTEM

Women in France have cited a lack of confidence in the justice system, a culture in law enforcement of victim-blaming, and gender discrimination as reasons for underreporting rape and attempted rape.

Only 15 per cent of rape cases in the country that are reported to the police lead to a conviction and sentence.

Activists like Mathilde Caillard say this needs to change.

“We always tell women that they have to protect themselves, watch their drinks or give them to a friend to look after, not to leave their drinks alone. We also hear people tell women to avoid wearing miniskirts in order to not be assaulted,” she told CNA.

“But no, it’s not up to women to change their behaviour and constantly protect themselves. It is men who should stop assaulting women.”

According to data from the French interior ministry, men are responsible for 96 per cent of sexual assault incidents.

In 2022, women accounted for 82 per cent of victims in date-rape cases, across all types of assault. Nearly two-thirds of recorded cases were of sexual violence.

For lawyer and activist Yelena Mandengue, rape remains normalised within what she describes as the system of France’s patriarchal culture. This is despite the number of convictions for the crime being on the rise since 2017.

She said it is about power and “men wanting to dominate their victim”.

“It can happen to anyone, and any man can rape – so that’s why we have to rethink our system about that,” she added.

Gisele Pelicot’s case also set off demonstrations in support of sexual assault victims, with both women and men participating.

Comedian and content creator Antoine Goretti, who says he grew up in a household with strong female figures, has called on young men to call out sexual aggression when they see it.

“If we don’t face the problem, it will never be fixed. Men need to understand that every man is, was or will be the aggressor,” said Goretti.

“Men can work it out by asking themselves: ‘What can I do to improve things?’”