How The Gisele Pelicot Case Is Pushing France To Redefine Rape Laws

In September, Dominique Pelicot was accused of drugging and raping his wife - Gisele Pelicot and then recruiting men online to sexually assault his wife. The case that sent shockwaves across France has now prompted the European nation to rework and redefine its existing rape laws.

The abuse, which reportedly started in 2011, went on for 10 years and has sent shockwaves across France and the globe.

The survivor of the crime - 72-year-old Gisele Pelicot - decided to fight a public trial against her now ex-husband and the 50 men who allegedly raped and sexually assaulted her.

With the trial underway, Pelicot has now become a symbol for women in France and across the world in the fight against sexual violence.

France Working To Redefine Rape

The horrific crime has now pushed France into redefining what rape is and changing its existing laws for the crime. The change, which was first pushed by French Senator Mélanie Vogel a year ago, is now in the works after the Pelicot case set the ball rolling.

With Pelicot's ex-husband admitting to drugging her and recruiting men online to have sex with her as she was unconscious, the French government will be working towards including a consent-based definition for the crime.

In French law, rape is currently defined as "any act of sexual penetration of any kind whatsoever, or any oral-genital act committed … by violence, coercion, threat, or surprise."

However, with the Pelicot case in focus, French lawmakers are pushing for a more consent-based definition, which had been rejected by the government in 2023.

In November 2023, France rejected adopting a consent-based definition for rape, which was part of an EU directive. As per the European Parliament, the definition of rape should be based on the notion of consent.

As per the parliament and the European Commission, "it is sufficient for the victim not to have consented to the sexual act for the crime of rape to be established".

Despite the EU's attempt to push for a common law, many countries rejected this notion. The regional bloc still remains divided with 14 countries — including France and Poland — requiring victims to prove the use of force or threat in the case of rape, and 13 others —including Spain, Belgium, Luxembourg, Sweden, and Greece — basing their criminal definition of rape on consent.

However, France, stunned by the Pelicot case, is likely to work towards adopting a more consent-based definition for the crime.

While draft legislation for the same is awaited, several lawmakers including Justice Minister Didier Migaud and President Emmanuel Macron have already expressed the "imperative need" for change.

Where The Case Stands

Dominique Pelicot and 50 men are on trial for the mass rape of Gisele Pelicot. While Dominique Pelicot admitted to drugging and recruiting men to rape his ex-wife, 35 of the defendants, despite video evidence against them, have denied the rape charges.

The defendants have claimed that the 71-year-old man tricked them into thinking that Gisile Pelicot had consented to the act and was faking her sleep or that they were taking part in a sex game.