In each of the interrogations at the Mazan rape trial, the question of the woman’s consent in sexual relations arises. This Friday, September 27, the Minister of Justice Didier Migaud declared during an interview with France Inter that he was in favor of the idea of changing the definition of rape in French law. In particular, he wants to integrate the notion of consent.
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Minister of Justice Didier Migaud declared on Friday September 27 at France Inter that he was in favor of the idea of changing the definition of rape in French law by integrating the notion of consent. The debate on the redefinition of rape in the Penal Code to take into account the absence of consent resurfaced in France on the occasion of the Mazan rape trial. In this trial, around fifty men have been on trial since September 2 in Avignon, in the south of France, accused of having raped Gisèle Pélicot, thanks to the help of her then husband Dominique Pélicot, who drugged her.
Currently, rape, as defined in article 222-23 of the Penal Codedesignates “ any act of sexual penetration, of whatever nature, or any oral-genital act committed on the person of another or on the person of the perpetrator by violence, coercion, threat or surprise “.
Better consideration of rape victims
A definition too restrictive for some. “ When you are in a situation where you have a victim who did not suffer violence, coercion, threats or whose consent was not surprised, but who was not consenting, we cannot characterize rapespecifies Maria Cornaz Bassoli, lawyer and national secretary of the Choosing the Cause of Women association. And this often happens in the case where the victim is in a state of astonishment, for example, unable to move, unable to express his refusal, unable to leave. She does not consent. »
“ But for all that, we cannot demonstrate the existence of violence, constraint, threat or surprise. And therefore the broadening of the definition of rapes in which it is proven that the victim did not consent, would make it possible to better take into account situations – for example of astonishment – which we know represent a significant proportion of rapes. », adds the magistrate.
If we make consent the only variable for adjusting legal or illegal sex, then it places the entire responsibility for the offense on the victim. In other words, it would be enough for the perpetrator to demonstrate that the victim gave consent for him to be exonerated. But we know that it doesn’t happen like that. It is the actions of the perpetrator that commit him criminally. If we simply say that any non-consensual sexual act is rape, then we avoid studying the attitude of the perpetrator and that, obviously, is not possible.
Anne Bouillon, criminal lawyer and specialist in women’s rights
In Europe, the notion of consent is debated, but certain countries such as Spain, Sweden and Finland have already included it in their legislation. In March 2024, the French president Emmanuel Macron said he was in favor of changing the definition of rape. The Head of State subsequently hoped that a proposed text could see the light of day “ by the end of the year “. But this prospect has become uncertain since the dissolution of the National Assembly at the beginning of June, which put an end to ongoing work on this subject.
Also readMazan trial: one of the co-defendants admits not having “had the consent” of Gisèle Pelicot, another contests the accusations