Tamanna Patel – UAB Institute for Human Rights Blog

Pélicot Trial Questions French Laws Regarding Sexual Assault

Gisèle and Dominique Pélicot got married in the spring of 1973 in France at the age of 21. Considered the ideal couple that managed to find rare and great love in their life stories, it was a tale that brought about three children and seven grandchildren. A loving marriage of about 50 years with regular family vacations. When the couple decided to finally retire and move to Mazan in 2013, Gisèle’s health started to deteriorate unexpectedly and inexplicably. She began to lose hair, lose weight, and lose considerably large gaps of memory, as accounted for by herself and her children. Overcome with the fear of Alzheimer’s, Gisèle remained unaware of the sickening truth that her now former and arrested husband had been concealing. A truth that had been hidden for a decade.

The Act Revealed

While in a grocery store, Dominique Pélicot was stopped by a security guard for filming under various women’s skirts in 2020. This led to his arrest and an investigation that revealed the heinous acts committed by Pélicot.

Over 20,000 photographs and video footage of numerous men sexually abusing an unconscious woman were uncovered. The data had been organized in a folder labeled “abuse,” with dates and names attached to most of them. Messages sent by Pélicot to recruit these men were found, and the unconscious woman was identified to be Gisèle.

Once taken into custody, Dominique made his confession. From 2011 to 2020, he had been crushing Lorazepam, a psychoactive drug intended for anxiety and sleep, into Gisèle’s food and drinks before bed. It is believed that Dominique Pélicot had been prescribed about 780 Lorazepam tablets over the years. Not only was Pélicot drugging his wife for almost a decade, but it was also the cause behind her deteriorating health.

Image 1: Lorazepam tablets on a table. | Source: Yahoo Images

In addition, there are claims indicating that there were nude photos of his daughter and daughters-in-law found in the data that were taken without permission.

When Gisèle was asked to come to the police station, she initially defended her husband as being a good man who would not do such things. This faith and trust of hers were completely shattered when the uncovered evidence was shown. Within a short time period of leaving the station, she filed for divorce. “I don’t know if I’ll ever rebuild myself,” she stated.

Court Trial

The trial of Dominique Pélicot began on September 2nd of this year. The case is being held in the Avignon court with five judges and is anticipated to last until December 2024. Although authorities have 72 suspects in accordance with the footage and photographs, 51 men are on trial, including Dominique, with the risk of up to twenty years of prison time each. The spread of this network began in an online chatroom named “à son insu” or “without her knowledge.”

Although Dominique has openly admitted to raping Gisèle and speaks of remorse, that is not the case for all the men. Thirty-five due to various arguments. Such reasonings include thinking Gisèle had consented and was faking her sleep, thinking they were partaking in a game, thinking they had been tricked by Dominique, thinking they were forced or terrified, and, most commonly, thinking that Gisèle’s husband’s consent was enough. Contrarily, lawyers have stated that the video footage displaying smiles and moments of joy for these men is enough to reflect their hypocrisy.

Most of these men ranged from ages 25 to 74 and lived within a 60-kilometer distance of Mazan. Some had previous records of domestic violence, sexual violence, drunk driving, and possession of drugs. This included nurses, journalists, prison wardens, farmers, soldiers, tilers, and more. People that we may encounter in our daily lives.

A 43-year-old carpenter defendant who has been recorded in the Pélicot home in October 2019 and January 2020 claims to have been a part of a simple sexual game with Gisèle being a consenting partner, according to her husband. “Now that I am being told how the events unfolded, yes, the acts I committed would amount to rape,” he states, yet he continues to insist he is innocent of the charges.

A 37-year-old agricultural worker who was in the Pélicot home on 2018 New Year’s Eve states that rape was not his intention. Upon receiving permission from Gisèle’s husband, he considered her consent to be received alongside.

This is a case of barbaric actions accompanied by ongoing denial of harm to its victim, who unknowingly suffered physical violations, emotional and mental collapses, health struggles, and questions about her ability to continue her life. It is undeniable that the actions committed by these men, for almost a decade, breach the rights and basic expectations Gisèle had of privacy and comfort in her own home. Yet, despite the anguish and shattering of her trust, she decided to stand tall and publicize the case, contrary to the court’s suggestion of anonymity. “Shame must change sides,” Gisèle says.

Image 2: A photograph of Gisèle surrounded by cameras recording her. | Source: Flickr

Receiving bouquets, applause, strangers standing outside the court, and demonstration marches, the support and love of the public have been with Gisèle, now a symbol of fighting against sexual violence, since the beginning. This is due to the lifting of anonymity from the case, which has now also become a source of hope that the questionable French laws on sexual crimes may change.

The Controversial French Law

France established a legal age of sexual consent fairly recently in 2021. This was due to public commotion demanding the reinvestigation of an 11-year-old girl’s rape. In continuation, it is hoped that the publicizing of the Pélicot trial and the public support for Gisèle may bring changes to France’s controversial definition of rape.

The European Union has been pushing for a common law on sexual assault for a while. Surprisingly, what divides the countries is whether consent matters. In France, prosecutors must prove the use of violence or threat in their cases, with consent being irrelevant, as displayed in the arguments of the Pélicot case defendants. For years, France has defined rape as actions committed “by violence, constraint, threat or surprise.” Advocacy for consent-based legislation on rape has been ongoing since before the Pélicot trial. However, authorities have shown little progress.

In November 2023 and February 2024, proposals suggesting rewriting French criminal codes for rape to include “without voluntary consent” went to the Senate and the National Assembly of the French Parliament, respectively. However, neither bill made it, and no conclusions have been delivered.

Image 3: The building housing the Nation Assembly of France, the lower house of the French Parliament. | Source: Flickr

Alongside other lawmakers, earlier this spring, on International Women’s Day, President Emmanuel Macron expressed an imperative need for change in favor of adding consent to French laws. However, eight months without any reforms have passed.

This is a significant matter of concern as consent is not simply an addition to legal repercussions but a question of basic respect, dignity, and autonomy. Therefore, it is crucial that the legislature accounts for consent to reflect the protection of victims and the gravity of such heinous acts.

Moving Forward

Sexual abuse is a crime that can leave its victims with deep scars. Scars that remain beyond the physical act and result in tormenting emotional and mental impacts. Many suffer consequences that hinder their ability to truly live their lives and, as seen in the case of Gisèle, their ability to have an identity afterward. Yet, less than 10% of victims seek assistance from law enforcement.

Hence, it is incredibly important to stress that establishing stern preventive and protective measures in place in such cases is vital not only to supporting victims such as Gisèle but also to the maintenance of global human rights.

In several cities of France, such as Marseille, Nice, Paris, Rennes, and Nantes, thousands are gathering, chanting, and pledging their support for Gisèle and all victims of sexual assault, as well as pushing the government to revise their laws. If you are not in France or not able to join these voices, there are other methods of support to consider. This includes advocating for progression in the French legislature, supporting feminist organizations such as Fondation des Femmes, and spreading awareness on the Pélicot case and the response of the French Parliament. We must remember that the efforts we put in today to reform these laws will determine whether confidence and protection are given to the criminals or the victims in France.

On an ending note, if you have been a victim of sexual assault yourself, please call or text 1-800-656-4673.

Child Soldiers in Northeast Syria

Exposure to warfare at a young age has been associated with distress that does not easily wither away. This correlation can be seen in the reality of many children as young as 12 years old in the autonomous northeastern region of Syria. The region is governed by the Kurdish Autonomous Administration of North and East Syria (AANES) and led by its active military wing, the Syrian Democratic Forces (SDF). Under the SDF control are various organizations such as the unarmed Kurdish youth group, Revolutionary Youth Movement, or, as referred to by the locals, Tevgera Ciwanên Şoreşger. Since late 2020, the members have stopped hosting intellectual and networking events and rather directed focus onto military enlistment. Consequently, for years, the group has become a prominent player in the sudden recruitment of child soldiers in Syria whilst holding the claim that the voluntary consent of each child is collected prior to placement in their educational training programs. However, several international organizations have reported the Revolutionary Youth Movement for unsolicited recruitment of children from Syrian regions within and outside of the AANES control with fraud claims of offering educational courses, in addition to coercion.

Image 1: Map illustrating the geographic divisions of control in Syria. | Source: Yahoo Images

Speculated Training Procedures

Initial recruitment by the Revolutionary Youth Movement has been speculated to have a direct method with young teenage members approaching children in public settings, building trust, and inviting them for educational lectures with the intention of luring them into joining military positions. A Syrian human rights researcher, in an interview conducted by Human Rights Watch, shared that following recruitment, children are put through dogmatic training and then transferred for integration into a selected armed group. The researcher expands to note that some children receive supplementary training on utilizing force and violence from the Kurdistan Workers’ Party (PKK), an armed group based in Turkey and Iraq, in the Qandil Mountains. When the Human Rights Watch team directly asked the PPK regarding the matter, they denied the observed reports of child recruitment, denied having any relations with the Syrian youth movements, and emphasized their objective to comply with the regulations of the Geneva Convention, integral international treaties that maintain the moral boundaries of warfare. In contrast, the statement of the researcher has been supported by references made in a Danish federal agency report, the Centre for Documentation and Counter Extremism, of sighted training camps for indoctrinated children in the Qandil or Sinjar Mountains of Iraq. Another supporting document identified is the U.S. State Department Trafficking in Persons report, which notes observations of the Revolutionary Youth Movement coercing children to undergo military training in the Qandil mountains. Both reports are from 2024.

Image 2: A child dressed in camouflage and holding a rifle in Syria. | Source: Yahoo Images

Direct Accounts

Several sources have collected direct stories from families who have had their children taken away. In interviews conducted by Human Rights Watch, almost all families note that their children left home one day and have not been seen since. Following the initial disappearance, many searched and raised questions until eventually told through acquaintances or direct but anonymous calls with Revolutionary Youth Movement members about their child’s recruitment. Some families remark their children being used as support against Turkish intrusions in the AANES-controlled region, but not all know where their children are.

The father of a missing 14-year-old daughter received a call offering him to see his daughter if he made a recording affirming his daughter’s recruitment was voluntary. The man denied the offer, and with over a year having passed, he has yet to see his child. It is worth noting that the father recalled his daughter communicating with a member of the group over Facebook Messenger prior to her disappearance.

In another instance, a daughter was returned to her mother in Qamishli after her recruitment. However, soon after, the child received a phone call, which seemed to frighten her and led to her leaving again. The daughter did not share any details of her time with the group and has yet to return.

Even after filing reports to the SDF and the Children Protection Office, families have been unsuccessful at bringing their children back home. As a result, devastated families experiencing the forced loss of their children, accompanied by distraught emotions and the realization that there is little that can be done, continue to occur in Syria. This struggle is further strengthened by the lack of communication and lack of certainty in knowing whether your child is safe, sleeping well, eating well, or even alive.

Physical and Psychological Impacts on Children

As this article began, the impacts of warfare exposure can be significantly detrimental in childhood. Testimonies of released children, by the Syria Justice and Accountability Center, discuss experiences of being imprisoned and beaten by trainers for disciplinary purposes. Such physical acts can lead to fright and fear being reinforced in the children again and again. Beyond physical harm, the psychological trauma of being a child soldier on one’s mental health is just as prevalent. Children being actively removed from their homes, schools, and societies with the loss of all contact results in the collapse of their social support systems and a reduced ability for social integration. Furthermore, young children must bear witness to violence and become vulnerable to the lasting effects of elevated distress and dysfunction in place of a time intended for their cognitive, behavioral, and social development.

Legal Violations

Another facet of the matter is through the legal lens that regulates and raises questions of ethics. To begin with, the International Humanitarian Law, a globally applicable set of expectations, protects child well-being by preventing the recruitment or use of children as soldiers under the age of 15 in conflicts. Such young recruitment for armed support is further prohibited by the Rome Statute and is punishable by the International Criminal Court as a war crime. Syria does not fall under obligations to follow the Rome Statute, but if the UN Security Council were to report its concern to the ICC Office of the Prosecutor, this requirement would be considered a violation.

Photo of Rt. Hon. Lamberto Dini, Italian Minister of Foreign Affairs, signing the Rome Statute at the 1988 Rome Conference. — Image 3: Photo of Rt. Hon. Lamberto Dini, Italian Minister of Foreign Affairs, signed the Rome Statute at the 1988 Rome Conference. | Source: Yahoo Images

Bringing a domestic focus on the country and region, in 2019, SDF signed an Action Plan with the UN requiring them to not only end all acts and support of military recruitment of children but also create protective and disciplinary measures in place to disincentivize such acts. However, in contrast to anticipated compliance, verified cases of child recruitment in NE Syria have remained steady, with a peak of 637 cases in 2022, and are yet to wither. Another legal defiance is of the Democratic Autonomous Administration of North and East Syrian Region (DAANES’) Social Contract, the 2023 version of the original “Charter of the Social Contract of Rojava,” which was created after the rejection of centralized governance that autonomized the northern Syrian region. Among the new 134 articles, the English translation of Article 55 states, “Children’s rights are protected, and the use of violence against them, their employment, exploitation, and recruitment are prohibited. This is regulated by law”.

With such legal expectations and obligations, SDF has emphasized a commitment to putting efforts towards ending all child recruitment in the region. However, the contrary continuation of recruitment activities may be due to the groups being directly intertwined with the political and military hierarchies of the AANES and SDF control. This is supported by the fact that the primary transfer of the children to armed groups is to the People’s Protection Unit (YPG) and its associated branch for women, the Women’s Protection Units (YPJ), both of which are branches housed under the SDF.

Image 4: A young female soldier of the YPJ group branch dressed in camouflage with a rifle on her shoulder. | Source: Yahoo Images

Action Steps

It is important to realize that the situation in Syria is not a matter of concern for just the region but rather a matter requiring fulfillment of global duties and human rights. The acts of the SDF risk the physical well-being of children today as well as the social, financial, and psychological well-being of their futures.

Therefore, with legal and moral obligations present, it crucially falls onto international bodies and organizations to become actively involved in the protection of the Syrian children who are having childhoods and playtimes be replaced with training camps and military weapons. Such actions can be reported to the ICC Office of the Prosecutor, decisions taken against violations of SDF obligations to existing policies, or changes in regulatory practices.

From a public perspective, advocacy for active progression towards solutions, support for organizations already involved in fighting child recruitment, and the spread of awareness of the devastating reality of Syrian families are all factors that have the power to play critical roles in protecting the children of Syria.

The Awaiting Arrest Warrant of Bangladesh

Abu Sayed, a student studying English at the Begum Rokeya University, stood on the streets of Rangpur with his arms wide open on July 16, 2024. Although posing no threat, within seconds, the young man was shot in the chest by officers standing 15 meters in front of him. This was in addition to the tear gas and batons others around him were suffering. Despite being only in his mid-20s, Sayed became a martyr that afternoon.

Events setting the stage for such open violence in Bangladesh began on July 1st, 2024, with peaceful protests by students against the Prime Minister, Sheikha Hasina, and in response to the government’s decades-old quota system.

Why a Protest?

Following the war granting Bangladesh independence from Pakistan in 1971, a quota system for highly valued jobs was created. This system not only claimed more than half of the civil service posts for particular social groups but also reserved the top 30% of the most sought-after positions for relatives of the 1971 veterans. Initially, this was a choice of goodwill with the intention to acknowledge and appreciate the freedom fighters who secured their nation. However, despise and anger of the system in the Bangladeshi students arose due to two factors. First, the country is going through incrementally increasing unemployment rates. With a population of over 170 million and a median age of 25.7, over 30 million Bangladeshi are unemployed, with the youth being the most impacted. Second, many of the political leaders of the nation are the relatives of the 1971 veterans. This includes the 76-year-old Prime Minister, Sheikha Hasina, daughter of the assassinated Sheikha Mujibur Rahman. Although she is considered the longest-serving female head of government, there have been multiple remarks that her rule has become increasingly authoritarian over time. In other words, this trade of unemployment so that wealthy elites can sustain their security and high income is why the quota system is actively being called out as discriminatory and favoring the political supporters of Hasina’s Awami League party. In combination with the youth’s frustration with inequality and injustice, peaceful protesting began on July 1st at the prestigious Dhaka University.

The Escalation

Initiating in Dhaka, protests with students holding posters and flags quickly spread like fire through cities across the nation. However, as the youth of the nation began to unite, they soon faced a dramatic escalation of violence within days. On July 15th, students inside Dhaka University were directly attacked by rods, clubs, and sighted revolvers by members of the Bangladeshi Chatra League (BCL), a wing of the Awami League party. The following day, Abu Sayed was shot to death in the streets of Rangpur.

Image 2: A row of Bangladeshi police officers holding batons, their helmets, and shields. | Source: Yahoo Images

A protestor in Dhaka, Hassan Abdullah, stated in a CNN interview, “The police are constantly bursting sound grenades right now.” Such grenades being thrown, shots being fired, and tear gas attacks quickly became a daily norm on the streets for weeks. There are even accounts of hospitalizations due to heads being smashed by officers.

On July 18th, NetBlocks, an internet monitoring site, posted a confirmation of an almost complete internet shutdown throughout the country, in addition to efforts tampering with social media access and mobile data services. After July 18th, Bangladesh went entirely offline, blinding the world to the courses of action and violence occurring within. It is known, however, that the Rapid Action Battalion (RAB), an anti-crime division of the Bangladeshi police, the Border Guard Bangladesh (BGB), a border security force, and the National Army were spread across the country alongside the alleged establishment of a shoot on sight curfew. A few days afterward, online restrictions were somewhat lifted, revealing over 200 deaths and thousands injured within a short span of 10 days.

Since the escalation of events, in addition to the violence, many have also been arrested arbitrarily, with about 61,000 being accused in legal cases for protesting. Such open, brutal, and life-threatening violence with no remorse or apology continued into August. In fact, on August 4th alone, 91 people were killed, the highest death count within a single day in Bangladesh’s recent history, with hundreds more injured and/or hospitalized.

As the only response to the frank harm and threat to her citizens, Sheikha Hasina initiated a judicial investigation of the matter as she encouraged the public to wait for the higher court to deliver a just decision.

Resignation of Power

After weeks of the determined protestors advocating for justice and the commotion that followed, on August 5th, Hasina resigned from her position and ended her dominance in the country’s politics. She is believed to have fled to a neighboring country in India, near Delhi.

Within hours of the resignation, Mohammad Shahabuddin, Bangladesh’s President, released former Prime Minister and Hasina’s opposition rival, Khaleda Zia, who had been jailed for graft charges. Shahabuddin also proceeded to release all detained students captured for protesting the quota system. In addition, the curfew was lifted, a temporary government led by Muhammad Yunus was established, and new elections were intended to be held.

Following Hasina’s departure, protestors continued committing aggressive acts. Furniture from the residency of Hasina was seen being carried out, police and government buildings were alit, and attempts to tear down the statue of Sheikh Mujibur Rahman, father of Sheikha Hasina, were made. Such acts were done in celebration and to demand a new government that was not led by its military.

As of October 17th, the Bangladeshi International Crimes Tribunal has issued arrest warrants for 45 people, which includes Sheikha Hasina and other members of her cabinet. This is being done on the basis of Hasina presiding over the mass killings and inhumane crimes that occurred during the protests. As a result, Sheikha Hasina must appear before the court by the date of November 18th.

Members of the protestors standing on top of a building to celebrate the end of the Hasina rule. — Image 3: Members of the protestors stood on top of a building to celebrate the end of the Hasina rule. | Source: Yahoo Images

Human Rights Matter

It is blatant that such treatment of individuals, as seen by the young Bangladeshi students, is inhumane and vicious. And so, there are certain factors in the situation worth bringing our attention to. Firstly, the unlawful use of force is being placed on protestors. The violent and lethal tactics accompanied by a range of weapons have led to hundreds dead and thousands injured. It is important to acknowledge that not only are these numbers but also living people being put through excruciating pains and grief physically and psychologically. Furthermore, Human Rights Watch has remarked that the excessive use of force by security personnel violates several international human rights standards, drawing widespread criticism from global human rights organizations. Another point is the arbitrary arrest of civilians in order to disrupt their ability to express and assemble. This was further pressed on by the internet restriction, which removed a major layer of protection for civilians.

Sheikha Hasina giving a speech to the General Assembly of the UN dressed in a light blue sari. — Image 4: Sheikha Hasina gave a speech to the General Assembly of the UN dressed in a light blue sari. | Source: Yahoo Images

It is incredibly important to understand that the discussed situation is not solely relevant to Bangladesh; but rather to international affairs, as with all human rights matters. In fact, alongside the protesters in Bangladesh, smaller protests have already been held by international Bangladeshi students in New York, Melbourne, Sydney, and even Copenhagen. And so, not only is the world awaiting to see how Bangladesh’s unknown future forms, but also how the matter of human rights violation is dealt with by the Bangladeshi International Crimes Tribunal.

As we wait for Hasina to determine if she will present herself before the court from a public perspective, we are able to consider a few choices of support. Join the movement by supporting organizations like Amnesty International, spreading awareness on social media, or writing to your local representatives to condemn the human rights abuses in Bangladesh. The ability of people to come together, even internationally, and make great differences is something that has always remained astounding.