What Gisèle Pelicot’s rapists’ court appeal tells us about rape culture in France and beyond

Content warning: Discussion of sexual assault and court cases regarding sexual assault.

According to the European Institute for Gender Equality, police recorded 19,028 women victims of rape by any perpetrator in 2021, representing 93 per cent of cases. This is staggeringly higher than in other European countries. For example, Spain recorded 2,384 rape cases in 2022, and Portugal recorded 250 cases. If this is not already telling enough of France’s abominable rape culture, and the depth of which the country lacks accountability for perpetrators, then Pelicot’s case is even more so. 

Husamettin Dogan thankfully lost his appeal at the Nimes Court of Appeal, with his sentence increasing to 10 years, though even this extended term does not cover the severity of his contributions in this mass rape. Despite Pelicot’s ex-husband, Dominique Pelicot, sedating his ex-wife and inviting people to rape her whilst she remained unconscious in their Mazan home, Dogan claimed in court that he did not believe he was a rapist and that he thought he was taking part in consensual sex with Pelicot. This statement from Dogan showcases his deliberate disregard for culpability. Additionally, he sent Pelicot explicit sexual images before driving to Pelicot’s home to rape her, and then, according to video evidence of the assault, nearly suffocated her

This assertion from Dogan speaks to how, if he truly believed the sex was consensual, he regarded the consent of Pelicot’s husband as sufficient grounds on which to rape her – blatantly prioritising her ex-husband’s encouragement over Pelicot’s own autonomy. This reflects not only the male entitlement and ownership over women’s bodies in France, but also how broader systematic and cultural issues continue to undermine genuine consent. This is seen not only in this case, but also in the overwhelming number of rape cases reported in France annually. 

This case has sparked a wider – and very much needed – debate on contemporary rape culture in France. It has given a crucial push to lawmakers in France’s National Assembly to update the definition of rape under the country’s penal code, mainly to explicitly include lack of consent in the definition of rape. Despite this being a necessary change, will it effectively reduce sexual violence and attitudes towards bodily autonomy in France, or will it remain a symbolic gesture by lawmakers until it is accompanied by a deeper institutional and cultural education on the ethics of consent? Globally, tightening up on sexual violence legislation has, sadly, not always equalled the eradication of rape cases. For example, South Africa has one of the most progressive constitutions, yet one of the highest rates of sexual violence and rape, with low conviction rates. 

So, how does this case speak to sexual violence globally?

Pelicot has been regarded as an international feminist hero after proudly wearing her right to bodily autonomy to the world, flipping the switch on guilt surrounding sexual violence from the victim to the perpetrator. This can speak to a wider audience of sexual violence survivors, highlighting the universal struggle against victim-blaming and the urgency for societies, institutions, and governments to enforce vital and explicit measures of accountability and consent education as part of a broader effort towards preventing and advocating against sexual violence.

French National Assembly” by girolame is licensed under CC BY 2.0.