Reports

Rape, one of the gravest forms of gender-based violence (GBV), exemplifies the deeply
entrenched inequalities and systemic discrimination that women face globally. It reflects not
only individual acts of violence but also the pervasive patriarchal norms that underlie social
structures, reinforcing male dominance and the subordination of women. As UN Special
Rapporteur on violence against women stated in her report entitled ‘Rape as a grave and
systematic human rights violation and gender-based violence against women’, “rape is rooted
in patriarchal beliefs, entitlement, power and male domination, all of which foster an
environment in which it is rampant and normalised” (Šimonović and Hassan, 2020).

Thus, the nature and extent of rape should be understood not merely as isolated incidents, but
as also forming part of the broader framework of persistent patriarchal norms and structures.
These norms perpetuate gender hierarchies through both overt violence and subtle
discrimination, normalising male control over women’s bodies and restricting their autonomy.
A notable manifestation of this persistence is the intransigent stance on maintaining
force-based definitions of rape, which require evidence of physical resistance or force.2 This
approach suggests that a woman’s resistance is necessary for an act to be classified as
rape, aligning with traditional views that place the burden on women to physically off
their assailants. Consequently, the continued use in many states3 of such definitions signals
resistance to progressive reforms aimed at challenging entrenched patriarchal norms. By
maintaining these traditional power dynamics, such definitions indeed obstruct advancements
toward gender equality and respect for women’s autonomy.

Given this critical interdependent connection between rape and patriarchial norms, France’s
adamant stance to maintain the force-based definition in Article 222-23 of its Penal Code,4
along with its recent alignment with the block against a consent-based definition of rape in
the first ever EU Directive on combatting violence against women and domestic violence of
the European Parliament and the Council of the EU, proposed by the Commission, (Malingre,
2023), which aims to recognise it as a Euro-crime under Article 83 of the Treaty on the Functioning of the European Union (Peseckyte, 2023), raises serious concerns about the
effectiveness of protecting women and ensuring justice. This position significantly
undermines efforts to criminalise rape solely based on lack of consent, questioning the extent
to which women in France are truly safeguarded and able to obtain justice.

Statistics from the Ministry of the Interior’s Statistical Service (SSMSI) reveal the gravity of
the situation. In 2022, nearly 85,000 individuals were recorded as victims of sexual
violence (SSMSI, 2023), with 45 percent of these cases involving rape or attempted rape
(SSMSI, 2023). Meaning, out of 10 people, approximately 4 to 5 individuals experienced
rape or attempted rape in 2022 in France. However, the French Ministry of Justice reported
only 7,000 convictions for sexual violence that same year (Service statistique ministériel
de la justice & Sous-direction de la
statistique et des études (SDSE),
2023). The high percentage of
cases that are dismissed (74 percent
of complaints), as well as non-suit
orders, reductions to misdemeanours, and acquittals in cases “where evidence exists that
should lead to prosecutions and convictions” (Le Monde, 2023) suggest that the situation is
unlikely to improve.

These statistics highlight systematic failures of the French system, failures that are further
illustrated by the case of Gisèle Pélicot, which became a symbol in the fight against sexual
violence in the country. In this distressing case, Gisèle, aged 72, was drugged and filmed by
her now ex-husband, Dominique Pélicot, while she was raped by more than 70 strangers aged
between 26 and 74 whom he had invited through an internet forum over a period of ten years
(Willsher, 2024). Of the 51 individuals tried before the Criminal Court of Vaucluse, 35 denied
any intent to rape, claiming they were unaware she had been drugged and believed they were
participating in a consensual “sex scenario” (Bertrand and Robles, 2024). Despite the
pervasive ‘culture of shame’ often imposed on victims, Gisèle displayed remarkable
resilience, turning the spotlight onto those who deserve to be shamed: the perpetrators. Yet,
these 35 men, currently on trial, persist in their audacious claim of lacking any “intent to
rape.”

By relying on a force-based definition of rape rather than one centered on consent, the current
system in France demonstrates how perpetrators can exploit this outdated definition; hence,
how this approach paves the way for loopholes that allow perpetrators to manipulate the law
and evade accountability.

This report, therefore, aims to critically analyse France’s approach to rape from a legal
perspective. Firstly, it examines the international and European legal frameworks
underpinning the fight against violence against women (Chapter 1) in order to understand
the norms and standards that states must comply with, as well as their obligations regarding
violence against women, particularly rape. Secondly, it assesses the compliance of the
national legal framework in France with these international and European standards on rape,
focusing on relevant legislation and policy (Chapter 2).