51 men accused of raping 1 woman force France to think about consent

PARIS — French Senator Mélanie Vogel first proposed changing the legal definition of rape nearly a year ago. But it took a gruesome crime that deeply unsettled French society to get the ball rolling on the reform she was looking for.
France and the world at large have watched with horror as 51 men have been put on trial on charges of raping Gisèle Pélicot, a 71-year-old retiree, with the help of her now ex-husband — who admitted to drugging her for years so he could recruit men online to have sex with her while she was unconscious as he filmed the encounters. The accused all face maximum sentences of 20 years in prison.
While the case has forced France to confront tough questions about the perpetrators of violence and discrimination against women, it has also given momentum to Vogel’s crusade to include consent in the definition of rape.
“What’s at stake here is a crucial change in perception,” Vogel said, “to establish that women’s bodies are not readily available to be used.”
The momentum for reform has picked up after months of languishing in legislative limbo and now appears to have found a new, powerful ally: Justice Minister Didier Migaud.
Vogel met with Migaud on Thursday and told POLITICO that she was optimistic about the prospect of passing legislation.
Pélicot has become an unlikely feminist icon in France after asking that the proceedings in the case be made public. Speaking in court, Pélicot said she did so because she was “determined to change society.”
“When you’re raped, you feel ashamed, but it’s not us who should feel ashamed, it’s them,” she said, referring to her abusers.
The shockwaves felt across France from the trial stemmed both from the scale of the case and the disturbingly ordinary profiles of the accused. Aged between 22 and 67 at the time of the events, most of these men appeared unremarkable, held no negative reputations in their communities and worked in everyday jobs, from gardeners to city councilors.
The lawyers for some of them have argued these men thought they were participating in a sexual fetish shared by the couple, despite Pélicot being unconscious during the encounters. These attorneys have built a legal defense around the fact that the the need to seek each party’s consent is not explicitly mentioned in the legal definition of rape.
French law currently defines rape as “any act of sexual penetration of any kind whatsoever, or any oral-genital act committed … by violence, coercion, threat, or surprise.”
“Without the intention to commit it, there is no rape,” lawyer Guillaume de Palma, who is defending six of the accused, argued in court. “In France, proof of intent is required.”
Given the amount of evidence, Vogel, a member of the French Greens, does not believe that this defense will land. However, she noted that the very attempt to use it highlights the need to reform the definition of rape to include consent.
“The media coverage of the trial and the defense used by the lawyers have highlighted that this is a flaw, and today society no longer tolerates this flaw,” she added.
Former Justice Minister Éric Dupond-Moretti expressed doubts about the need for a change in French legislation because of the “risk of sexual relations becoming contractualized,” he said during a Senate hearing in February.
His successor disagrees, Vogel said. Migaud is in favor of changing the definition of rape and, in Vogel’s words, “is definitely keen to work on this.”
Migaud said in September that he was in favor of rewriting the law but stopped short of explaining exactly what the legislation would look like. He has also met with Véronique Riotton, a member of the French lower house of parliament who is also working on this issue.
An adviser to Migaud, who spoke to POLITICO on the condition of anonymity in line with French professional customs, said that the discussions led by the justice minister with lawmakers should be seen as a sign of his eagerness to move forward on this issue.
Issues such as wording and the legislative process to adopt this reform have not yet been settled, the aide added.
Supporters of a new definition of rape stress the need to take advantage of the current window of opportunity.
Sarah Legrain, a lawmaker from the left-wing France Unbowed party who has also tabled a proposal to redefine rape, insisted on the need to move forward quickly on this matter in light of the political instability in France and questions about how long Migaud will remain in office.
The justice minister is the only heavyweight within the new French Prime Minister Michel Barnier’s right-leaning government to have worked as a left-wing elected official during most of his political career and he has already threatened to resign over what he considers to be an insufficient budget for his ministry.
“We have a minister backing the idea right now but it doesn’t necessarily look like he’s here to stay and we don’t know what could come afterward” Legrain said.
Sandrine Josso, an MP from the centrist Democratic Movement, told POLITICO she believes the trial will mark a turning point in how France perceives violence against women.
“There will be a before and after with this trial. Politicians must take up this issue,” Josso said.
The question of date rape drugs, which are central to the Mazan trial, is one Josso has firsthand experience with. Senator Joël Guerriau was detained by police last year on suspicion of drugging Josso in an attempt to assault her. Guerriau’s lawyer told French media that the senator “accidentally” slipped drugs into Josso’s drink and denies any intentional wrongdoing. An investigation is ongoing.
Guerriau, despite the accusations, has yet to formally resign from the French Senate.
Josso has since become a leading advocate on issues related to date rape drugs and is working alongside Caroline Darian, Pélicot’s daughter, to affect change. Josso has proposed an amendment to the French social security budget to reimburse tests for date rape drugs, even when the individual hasn’t pressed charges.
She suggested that adding consent to the legal definition of rape in France could be one step among many in addressing the issue more effectively.
France is not the first European country to move to change the definition of consent following a shocking rape case.
Spain changed the legal definition after the so-called wolf pack trial, when five men, part of a WhatsApp group called “La Manada” (Spanish for wolf pack), were initially sentenced for sexual abuse, a lesser offense, after being found guilty of gang-raping a teenager during the running of the bulls festival in Pamplona in 2016. News of the case sparked nationwide protests.
Advocacy groups at the time said the initial verdict, which was eventually overturned, was a result of the lack of a consent-based definition of rape.
Spanish Equality Minister Irene Montero would go on to pass legislation requiring the defendant to give proof of consent in 2022.
Other European countries have also passed “only yes means yes” sexual consent laws in recent years. The human rights organization Amnesty International, which analyzed the legislation of 31 European countries, said 19 had changed their legislation to define rape as sex without consent.
Within the European Union, 15 countries have adopted a consent-based definition of rape, while 12 still require proof of violence or threat. A Commission proposal to to require all member countries to classify any nonconsensual sex as rape under criminal law was struck down due to opposition from several member countries, including France.
French President Emmanuel Macron later clarified that while he supports redefining French law, he does not see the issue as a European prerogative.