In the wake of the Pelicot mass rape trial, a French parliamentary report has called for a fundamental change to the country's legal definition of rape, making consent its central element.
The report, published on Tuesday by the National Assembly’s delegation for women’s rights, described the case in which Gisèle Pelicot was drugged and raped repeatedly by both her husband and strangers he recruited online as a watershed moment.
Dominique Pelicot was found guilty of rape, and 50 other defendants of rape, attempted rape or sexual assault. However, the trial also served to highlight flaws in how French law addresses sexual violence, with the defence relying on outdated stereotypes and questioning the victim’s credibility.
"Now that the Mazan [the village in which the offences took place] rape trial has concluded, which has in many ways been a trial of rape culture itself, it is time to act," the parliamentary mission said.
The report's co-authors, MPs Véronique Riotton and Marie-Charlotte Garin, argue that the law needs urgent reform.
"The new definition must specify that consent is specific, must be given freely and can be withdrawn at any time," the report said.
Mass rape trial revives question of consent within French law
Redefining rape
French law currently defines rape as "any act of sexual penetration, of whatever nature, or any oral-genital act committed upon another person or upon the person of the perpetrator through violence, coercion, threat or surprise".
While these existing criteria would be preserved, the addition of non-consent would help address cases involving paralysis, coercive control or exploitation of vulnerable situations, which currently fall outside the scope of the law.
"By modifying the law, what we want to do is reaffirm that for something to qualify as a sexual relationship, there must be freely given consent. Otherwise it's an act of violence, of domination – it's rape,” Garin told RFI.
“We need to clarify the law, to remind people what constitutes sexuality and what constitutes violence and domination. And the best way to do this is to include the notion of consent.”
The pivotal 1970s trial that rewrote France's definition of rape
Consent ‘weaponised’
The parliamentary mission highlighted flaws in how rape cases are handled, stating that “without a clear definition” consent is “often weaponised by attackers".
This, they said, fuels harmful stereotypes about rape, discourages victims from filing complaints, and results in many cases being dismissed.
"The current definition reinforces societal prejudices about what makes a 'good' victim – someone who resists, fights back and behaves 'exemplarily' – and what constitutes a 'real' rape, involving violence and coercion by a monstrous or foreign attacker," the report argues.
Rallies across France in support of woman who was drugged, raped
Divided response
The proposal has sparked widespread debate in France.
While President Emmanuel Macron supports the reform, critics argue it could complicate legal proceedings. Some warn it might shift the burden of proof on to the accused, while others fear it could lead to what they call the “contractualisation of sexual relations”.
Even feminist organisations are divided. Some view the reform as a crucial step toward implementing the Istanbul Convention, which France ratified in 2014. Others express concern that the law may still fail to address situations where consent is coerced or manipulated.
France’s Council of State is reviewing the draft legislation to ensure it meets legal standards before it is formally introduced.
