France changes definition of rape following Gisèle Pélicot case

Warning: This article contains discussion of rape and sexual assault, which some readers may find distressing.

The French Parliament has changed the definition of rape following the landmark case of Gisèle Pelicot last year.

Gisèle was drugged unconscious and raped by her then-husband, Dominique Pelicot, and dozens of men he had recruited on the internet.

Pelicot was jailed for 20 years for the abuse that lasted nearly a decade between 2011 and 2020. The 72-year-old, who waived her right to anonymity as a survivor of sexual abuse, said that shame should fall on her abusers, not her, drawing worldwide attention.

“I have nothing to be ashamed of. Shame must change sides,” Gisèle said on the trial’s opening day.

Fifty men were found guilty of rape or sexual offences after a three-and-a-half-month trial in Avignon, which ended in December.

Pelicot has since been named by the Financial Times as one of the 25 most influential women of 2024, as well as being featured in the BBC’s 100 Women list the same year.

And now, France has made important legal changes in the wake of the grandmother's case.

France has officially changed its definition of rape following Giséle Pelicot's case last year (AMAURY CORNU/Hans Lucas/AFP via Getty Images)

Previously, rape or sexual abuse in the country had been defined as 'any form of sexual penetration committed with the use of violence, coercion, threat or surprise'.

Now, a change to the law means that all sexual acts done to another without consent constitute rape. The law also outlines that if the sexual act is committed through violence, constraint, threat or surprise, there is no consent.

It clarifies that consent must be 'free and informed, specific, prior and revocable' and that it is assessed 'in light of the circumstances'.

Adding that consent 'cannot be inferred solely from the victim’s silence or lack of response'.

Women’s rights advocates have been pushing for this change for years, and Gisèle's trial caused the movement to gain even more momentum.

As per The New York Times, Marie-Pierre Vedrenne, a deputy interior minister, told senators ahead of the vote on Wednesday (3 November): “Beyond this law, we need to bring about a cultural change, and we need to do it collectively.

"Rape culture, this insidious poison that permeates our societies, must be fought by each and every one of us. Today, we can take a decisive step toward a true culture of consent."

The law change comes after Gisèle Pelicot's landmark case (CHRISTOPHE SIMON/Getty Images)

Marie-Charlotte Garin, one of the two lawmakers who proposed the landmark bill, added: "When it’s no, it’s no; when it’s not no, it doesn’t mean yes, and it’s better to check. And when it’s yes, it must be a real yes, a yes that is not afraid. Giving in will never again be consenting."

During Gisèle's case, many of the accused men tried to use the defence that they could not be guilty of rape because they were unaware she was not in a position to give her consent as she was drugged.

Some defence lawyers had argued that there couldn't be a crime without the intention to commit it, but this new law will make this argument more tenuous.

As reported by Amnesty, Lola Schulmann, Gender Justice Advocacy Officer at Amnesty International France, said: “The adoption of this law is a historic step forward. It is a long-awaited victory for victims of rape and the culmination of years of tireless campaigning by activists, feminist organisations and survivors of sexual violence."

If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 500 222, available 24/7. If you are currently in danger or need urgent medical attention, you should call 999.