Pelicot Case: a new French law redefines rape

Translated by Martina Marino

On October 23, the French Parliament approved a reform of the penal code redefining the concept of rape, with 327 votes in favor and 15 abstentions.

Whereas sexual violence was previously defined as “an act of sexual penetration committed through violence, coercion, threat, or surprise,” it is now defined as “any non-consensual sexual act,” with consent required to be “free, prior, and revocable.”

It is a milestone in the fight against sexual violence in the country, as it establishes a legal basis for greater protection of victims. It represents a fundamental step forward: it is no longer necessary to prove the presence of force, intimidation, threat, or coercion, but rather that the absence of a clear and informed “yes” is sufficient to constitute the crime of rape.

Such consent cannot be inferred from silence or passivity but must be explicitly expressed.

The goal is to place a person’s will at the center, emphasizing the idea that the body is never available by default, not even within a relationship or a marriage.

Implementing the reform requires a comprehensive program of sexual-education policies not only for children but also for adults, so that society can move toward a context in which rape is drastically reduced because consent is required, respected, and upheld, not seen merely as an abstract legal concept, but as a fundamental principle at the core of all relationships.

The Pelicot Case

The bill has its origins in a case that shocked the country and the international community in recent years: the case of Gisèle Pelicot, a woman who for years was drugged and rendered unconscious by her husband, Dominique, who subjected her to assaults by dozens and dozens of men.

The case led to 51 convictions, including those of her husband and the other perpetrators, who were sentenced in 2024 to prison terms ranging from 3 to 20 years.

It marked a turning point in the fight against sexual violence, as Gisèle refused the option of a closed-door trial in order to increase media attention and give a voice to survivors.

From a legal standpoint, the case revealed a major gap in the country’s legislation: none of the elements that previously defined rape under the law (namely violence, coercion, threat, or surprise) were applicable in this situation.

It was precisely for this reason that her testimony ignited a national debate, prompting Parliament to introduce the concept of consent.

And in other countries?

There are sixteen member states of the European Union that have already introduced a consent-based definition of rape in their laws: Spain, Germany, Belgium, Sweden, Croatia, the Netherlands, Cyprus, Poland, Slovenia, the Czech Republic, Greece, Luxembourg, Denmark, Ireland, Malta, and Denmark.

The United Kingdom, Norway, Iceland, and Switzerland define rape in accordance with international human rights law, particularly with the Council of Europe Convention on preventing and combating violence against women and domestic violence, better known as the "Istanbul Convention."

In Italy, this milestone was reached just recently: the PD and FdI parties came together in a historic reform that provides for the redefinition of the crime of sexual violence, now defined by the absence of "free and current consent."

The Justice Committee of the Chamber of Deputies unanimously approved an amendment to Article 609-bis of the Penal Code, which passed the Chamber floor on November 17 and will then proceed to the Senate, marking a step forward for Italy in combating sexual violence.

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