Merci Gisele: How a rape survivor’s courage is paving the way for legal change in France
A high profile sexual violence case in France has sparked calls for reforms in the law, which could put UK legislation under the spotlight too.
Gisele Pelicot was subjected to horrific mass rapes, with her husband Dominique complicit in the assaults, drugging her and inviting men who he had met in chatrooms around to sexually assault her.
Ms Pelicot requested the trial was heard in public to raise awareness of the use of drugs to commit rape and sexual abuse. The case has shocked France and exposed significant flaws in the handling of sexual violence cases.
The ordeal highlights a crucial shortcoming in French law: the definition of rape does not centre on consent, allowing perpetrators to escape liability. Currently, French law defines rape as sexual penetration involving “violence, coercion, threat, or surprise”, neglecting the idea of consent.
Survivors like Gisele may be too traumatised, afraid or simply unable to resist physically, creating a loophole that benefits the accused. By failing to prioritise consent, France’s laws inadequately protect survivors and fail to hold perpetrators accountable.
In contrast, English law, governed by the Sexual Offences Act 2003, places the emphasis on consent. However, the English law on rape is not without flaws.
The law states that the prosecution must prove the defendant had “reasonable belief” the complainant was not consenting, ie. the defendant knew they did not have consent but did it anyway.
Critics argue this still allows perpetrators to manipulate legal loopholes, particularly in cases involving power imbalances, coercion, or intoxication.
Many argue further reforms are needed to ensure survivor’s experience of non-consent is the central issue in any case.
Pelicot’s case has revealed the damaging effects of France’s outdated legal framework. Without explicit signs of violence, many of the accused could avoid conviction, underscoring the need for reform.
Calls for change are growing, with France’s Justice Minister open to aligning French law more closely with a consent-based approach. This shift could also inspire legal reforms in other countries, including the UK, where we may see an increased focus on the survivor’s experience rather than the perpetrator’s perception of consent.
At Bolt Burdon Kemp, we are dedicated to supporting survivors of sexual violence within the context of English law. We provide trauma-informed representation and work to hold individuals and institutions accountable. We also continuously advocate for improvements in the law. If you or a loved one has been affected by sexual violence, we offer free, confidential advice to help you understand your legal options.
