Pelicot mass rape trial in France could lead to law changes

STORY: :: October 23, 2024

Gisele Pelicot is once again applauded by supporters in front of a French courtroom.

She is at the center of a mass rape trial that is challenging the limits of existing legislation in France and sparking calls for change.

Her husband, Dominique Pelicot, has admitted to drugging her and recruiting dozens of men to rape her while she was unconscious.

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Fifty men are on trial at his side. Dozens of them denied the rape allegations, saying Dominique tricked them into joining in… or that Gisele pretended to be asleep.

Gisele said in court on Wednesday: “I am determined that things change in this society.”

Thousands of demonstrators took to the streets during the trial.

“What can I say? No, I mean, so you're sleeping, I come and steal your whole life, then I say, 'Oh, I'm sorry, I thought it was okay' – well, no, it's not okay if you sleep.

The legal definition of rape in France is controversial.

The country's criminal law defines it as a penetrative or oral sex act committed on a person using “force, coercion, threat or surprise.”

It does not clearly state that partner consent is required.

And several legal experts said prosecutors must prove an intent to commit rape to reach a guilty verdict.

A study published this year found that in France only 14% of all rape complaints result in a formal investigation.

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The country's new justice minister recently said he was in favor of updating the law, as was President Emmanuel Macron.

This is a hotly debated topic in France. Some legal experts and activists say consent places scrutiny on the behavior and words of the victim, not the defendant.

France blocked the inclusion of a consent-based definition of rape in a European directive in 2023. That same year, one of the country's main pollsters found that nine out of ten people wanted France to support the directive.

Two members of a cross-party working group made up of dozens of MPs say they are looking into the issue.

Marie-Charlotte Garin is Vice President and MP of the Green Party.

“If we had already changed the definition of rape in the Criminal Code, the defendant's defense would not be able to make the statements that it does. She couldn't say, 'Oh, if the person is sleeping, I didn't know that.' It was a lack of consent.'”

Garin said she hopes the bill can be passed by the National Assembly as early as next March.

However, any changes would not apply retroactively to this trial.