51 men accused of raping 1 woman force France to think about consent

The shockwaves felt throughout France during the trial stemmed as much from the scale of the case as from the disturbingly ordinary profiles of the suspects. | Clement Mahoudeau/AFP via Getty Images

Lawyers for some of them have argued that these men believed they were participating in a sexual fetish the couple shared, despite Pélicot being unconscious during the encounters. These attorneys have built a legal defense around the fact that the need to obtain the consent of each party is not explicitly mentioned in the legal definition of rape.

French law currently defines rape as “any act of sexual penetration of any kind, or any oral-genital act committed… by means of force, coercion, threat or surprise.”

“Without the intention to commit it, there is no rape,” lawyer Guillaume de Palma, who is defending six of the suspects, argued in court. “In France, proof of intent is required.”

Given the amount of evidence, Vogel, a member of the French Greens, does not believe this defense will succeed. However, she noted that the very attempt to use it highlights the need to reform the definition of rape to include consent.

“The media coverage of the trial and the lawyers’ defense has emphasized that this is a mistake, and today society will no longer tolerate this mistake,” she added.

Former Justice Minister Éric Dupond-Moretti expressed doubts about the need for a change in French law because of the ‘risk that sexual relations are contractually established’ he said during a Senate hearing in February.