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. 

 

Lorazepam tablets on a table.
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.

A photograph of Gisèle surrounded by cameras recording her.
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.  

The building housing the Nation Assembly of France, the lower house of the French Parliament.
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

A street sign changed to say “Place Gisèle Peliqueen” to show support and empower Gisèle for her strength and determination.
Image 4: A street sign changed to say “Place Gisèle Peliqueen” to show support and empower Gisèle for her strength and determination. | Source: Flickr

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. 

 

 

Lifesaving Aid Delayed In the Wake of Morocco’s Catastrophic Earthquake

 

Image 1 – Source: Yahoo Images; An image of collapsed building as a result of earthquake

A devasting, 6.8 on the Richter scale, earthquake hit the North African nation late Friday, killing at least 2,886 people and injuring 2,562. The earthquake struck the High Atlas Mountain range ripping through the small villages and the center of Marrakech. Rescue operations are still taking place, as there are many people crushed under the remains of Al Haouz, where the quake was most devastating. Every minute counts in the search for survivors, yet the Moroccan government is selective with which countries they accept. France was left out of Morocco’s decision to accept aid from the UK, Spain, Qatar, and the United Arab Emirates. When the death toll continues to rise and the city turns to rubble, why is Morocco declining French assistance in disaster relief? Analyzing recent tensions between Morocco and France, it is apparent that the strained relationship between the two countries is the contributing factor to the refusal of aid during this dire time of need. Major humanitarian crises like this are supposed to be a chance to bridge the divide between nations, but they can also be an opportunity that is overlooked.

Image 2 – Source: Yahoo Images; An image of survivors going through the rubble.

Context

The controversy between Morocco and France has its roots in historical, political, and diplomatic factors. Originally, Morocco was a French protectorate from 1912 to 1956, and then in 1956 the country gained its independence. Therefore, there is a significant Moroccan diaspora in France which is why the government pledged 5 million euros to help with aid. Additionally, four French residents died in the earthquake. However, one topic of contention between the two is the sovereign claim over the Western Sahara. Morocco recognizes the West Sahara as part of their country, but France refuses to acknowledge that. Back in 2021, France went on the offensive against migrants from Morocco, Algeria, and Tunisia, threatening to cut off their visas unless they agreed to accept back migrants. The aforementioned nations took that as a sign of shame. These controversies, compounded with the government’s decision to reject French assistance, are indicative of the icy diplomatic relations between President Emmanuel Macron and King Mohammed VI. Despite the King being in France when the quake hit, no attempts were made to resolve the tension.

Image 3 – Source: Yahoo Images; An image of rescue operations after earthquake.

Significance

Morocco’s reluctance to accept aid is baffling global aid groups. Time is the most precious resource when it comes to disaster relief. By refusing the French, the Moroccan government is taking precious time away from the survivors of this devasting earthquake.  Especially since France is known for being an expert in disaster relief, they have the resources to mobilize coordinated rescue operations on the ground. In the wake of this horrible humanitarian crisis, the focus should be on helping the suffering, not balancing adverse international relations. This decision made by the Moroccan government is actually hurting its people. That aid could be used to reach parts of the village that are not accessible due to the vast destruction. The increased delays have resulted in families digging themselves out of the debris. In addition, the government has been dubiously quiet about the severity of the crisis. Instead of making a broad appeal for help, Morocco is limiting foreign aid. For this to be the strongest earthquake to hit the country in over a century, the government is keen to downplay the seriousness of the situation and provide inadequate resources. Therefore, the catastrophe response promotes the notion that the administration is indifferent to the plight of the people in the impoverished mountain towns shaken by the quake, rather preferring wealthy metropolitan inhabitants and foreign tourists. With lives lost and homes destroyed, now is not the time for petty politics, but rather a chance to come together in a time of need.

 

Libya Flood Relief

The case of Libya’s flood is another case where relief efforts are hindered by political complications in North Africa. More than 5,300 people were killed and 10,000 are missing in Libya when a storm caused rivers and dams to breach. Storm Daniel wreaked havoc on Libya’s eastern port city of Derna, virtually flattening it. The Morocco quake and the Libya have resulted in 8,000 dead and significantly more injured or missing. Both devastated communities have waited for days for aid, frequently digging out and burying their dead with little to no help from their governments. Some of the delays can be attributed to damaged infrastructure; however, the main impediment, though, is politics. It seems that the immediate aftermath of a natural disaster qualifies as a moment for political differences to be put aside. The delays in receiving aid in Morocco and Libya, one nation perceived as the bedrock of stability in the region and the other torn apart by conflict and governed by rival governments, show how difficult it is to separate political concerns from humanitarian help. Despite the stark differences between the two, both are in the same predicament. Both governments need to accept responsibility and make a coordinated effort to provide aid to the citizens of their respective countries.

The Parisian Protests

paris city hall
(source: yahoo images)

Perhaps, recently, you have seen TikToks, videos, or news broadcasts discussing the ongoing protests in Paris. If you are not sure what is going on, do not fright. In this blog, I will discuss this topic and hopefully help bring to light what the current French demonstrations mean.

What is Article 49.3?

The Arc De Triomphe
(source: yahoo images)

Before we can get to discussing the protests in Paris, we must first talk about a crucial fact about the protests: the fact that they started due to a feature of the French Constitution. Article 49.3 of the French Constitution, put lightly, allows the government to push through a piece of legislation without the approval of France’s lower house of parliament, the National Assembly.

This legal maneuver is completely legal and has been in practice since 1958, when it was introduced by Charles De Gaulle. Despite this, many French citizens see Article 49.3 as undemocratic. This is not a surprising assertion, as using Article 49.3 forgoes one of the most rudimentary components of democracy—votes. 

However, the government is not completely unchecked. After Article 49.3 is used, lawmakers who oppose the published legislation have 24 hours to file a no-confidence motion against the government. A one-tenth majority amongst the lawmakers in the lower house is required for the motion to go to the floor where it is debated. For the next couple of days, debate and voting about the bill will take place amongst the politicians.

For the no-confidence motion to succeed and reject the bill, it must get an absolute majority of votes. That is, more than half of the lawmakers must vote to reject the bill pushed forward by Article 49.3. If the motion does not get an absolute majority, the motion fails and the bill remains.

Notably, successful no-confidence motions are rare in France. The reasoning for this is that a successful no-confidence bill not only stops a bill from being enacted, but removes the Prime Minister and Cabinet from office (the president remains). Due to this, many lawmakers who are loyal to their higher-ups in government may hesitant in voting in favor of the no-confidence motion, as it will end up “toppling” the government. 

Interestingly, since Article 49.3 was legitimized in 1958, only one successful no-confidence motion has ever passed. It was in 1962.

The Protests

Paris in the summertime
(source: yahoo images)

Now that we have constructed an understanding of the French legal system, we can look into exactly what has sparked protests and how Article 49.3 was involved. 

On March 16, 2023, France’s president, Emmanuel Macron, pushed a bill via Article 49.3 that raised the retirement age in France from 62 to 64. This sparked widespread protests in Paris, the capital of France, as citizens deemed this move by Macron to be undemocratic. Allegedly, Macron used Article 49.3 because he calculated that his bill would not pass if it went to the National Assembly. Interestingly, it has been reported that this move was an unprecedented move by Macron, as even members of his own party urged him not to invoke Article 49.3.

As has been aforementioned, after Macron’s move, citizens took to the streets of Paris and began protesting. Garbage fires, road blockages, and even graffiti were some of the things conducted by the protestors. In fact, the protests were so widespread at some point that visitors arriving at Charles De Gaulle, France’s biggest airport, were unable to order rides into the city as roads were blocked. 

Therefore, it ought not to be surprising that lawmakers instantly filed a no-confidence motion against Macron and his bill. However, after debate and deliberation, the no-confidence motion was unsuccessful, which falls aligns with the motion’s typical fate. On March 20th, the motion was voted on and only received 278 votes out of the 287 votes required to nullify the bill and unseat the government. 

Moving Forward

Louvre museum
(source: yahoo images)

What the failure of the no-confidence motion means, we have yet to find out. However, what we do know is that moving forward, the bill proposing the change in the retirement age from 62 to 64 will become law. Currently, protests are still ongoing in Paris. Whether or not they will continue, we have yet to find out. Moreover, what lawmakers will do about the fact that their constituents are protesting a bill is also unknown. 

However, this series of events in France has raised a meaningful question: how much authority do the people of a nation have over the government? Should the people dictate how the government is run? Does government reflect the people, or do the people reflect the government? 

Empirically, it seems that the majority of the French oppose this bill. Yet, despite this, it was not only enacted by their president, but it failed to be overturned by lawmakers. However, if there is one motif the French have instilled in history, it is the motif of representation of the people. One only needs to look to the French Revolution, and all of the many revolutions afterward, to be remained of the fact that the French take pride in their nationality, and will simply not rest until the government reflects the ideals of the people.