"France’s New Consent Laws: A Bandage for a Bullet Hole?"

As many as 96 out of 196 countries officially speak English, though we can infer that almost the entire world communicates in basic English one way or the other, given that it is the lingua franca (universal language). So, in theory, the monosyllabic, straightforward words like “YES” and “NO” seem easy enough to grasp for all, right? Wrong. Knowing the meaning of something and acknowledging it are very different things.

A woman’s “NO” is almost always “misheard” or “misunderstood”. Somehow, when a universally understood word is spoken by a woman, its meaning is magically altered to what best serves the interest of the other party. From everyday instances to rape, which, to be honest, is an everyday instance as 1 in 5 women are subject to sexual/physical violence, a woman’s “NO” falls on knowingly deaf ears. A woman wearing an “indecent” outfit saying “NO” is basically saying “YES” through her body, never mind her words and actions. A married woman saying “NO” is just trying to spice up her domestic bedroom. A teenage girl saying “NO” is just petulance, she is not old enough to know what she’s talking about, but of course, is old enough to be the harbinger of your pleasure. A woman’s “NO” is subject to interpretation.

The French government’s hand at trying to legislate consent is bound to partially, if not wholly fail due to this exact reason. The law, a step in the right direction, is nothing more than a bandage for a bullet hole. No matter if tons of water is expelled, a boat won’t stop sinking till the hole is fixed. Likewise, legislating consent is not enough if women are still treated as inferiors. Of course, they are, as even the French laws can’t see with equal eyes. Laughably sexist laws, such as the requirement of police permission for women to wear trousers prevailed in the country till 2013. Women will die of paper cuts such as these laws and societal understandings of gender, while laws like legislating consent will only prove to be a sparkling defibrillator, helpful in another lifetime.  

While French legislation has been increasingly pro-women’s rights in the last decade, raising the age of consent to 15 and making intercourse with a relative under 18 illegal in 2018, it’s still painstakingly slow in adapting to the times. 89% of the French public had already been pushing for updating the legal definition of rape, according to a November 2023 Institut français d'opinion publique (Ifop) poll, yet the official instigation to rewrite the definition of rape to include consent explicitly came much later. 

What finally brought on this much-needed change? A force of nature, a woman named Gisèle Pélicot. Her husband, Dominique Pélicot drugged her and recruited men online to rape her for years. She was not lucid enough to understand what was happening. At 71, she waived her right to anonymity and publicized the trial to effect change. She staunchly believes that the shame of violence should reside with the abuser, not the victim. This sparked the second wave of the #MeToo movement in the country, as people from all walks of life rose to show support. 

To break it down, the current definition of rape in the French Constitution is: “any act of sexual penetration of any kind whatsoever, or any oral-genital act committed … by violence, coercion, threat or surprise.” It, as you can see, does not explicitly mention consent. I mean one could argue that it’s obvious, but it should also have been obvious (and humane) to not coerce someone sexually for personal pleasure yet most countries in the world need to spell for their citizens. This was exactly the problem in Gisèle’s case as well. While her husband pleaded guilty, the 50 suitors who had been with her in her near comatose state pleaded innocent, insinuating that they had the husband’s consent and thought it was “role-play”. The lack of 8 letters in law may now ensure that these men walk free. 

Rape is not about sex. Rape is not a “natural desire”. Marriage isn’t consent to rape. Rape doesn’t discriminate. Rape is the simple chain of thought: my woman, my object, my resource, my property, mine to use, mine. Dominique Pélicot believed his wife belonged to him, and used her as he saw fit. He is the result of this thinking, of this society. He was coincidentally unlucky enough to get caught, what do we do with the hoard of closeted rapists that go unscathed? Dominique and Gisèle Pélicot are the one out of maybe millions of Domiques and Gisèles. What about the scared, unseen, quiet victims? Do they deserve less justice because of their justified caution of not speaking up that others so casually chalk up to cowardice? 

How can we legislate respect and not mere compliance out of fear of punishment? We cannot. If it was as easy as passing a measly law, we’d have achieved world peace by now. Laws are mere safeguards. What matters is change. Change in mindset, change in deep-rooted thinking patterns, change in behavior. Change is laborious. It is slow and painful, and we may never live to see it bloom before our eyes. But, it is only possible if we actively, persistently, and meaningfully fight for it now. We need to do the arduous work of challenging old conventions and social ills. We need to sow the seeds of change so that they one day yield ripe fruit to the coming trees. 

How exactly does one sow seeds of change, you ask? Educate yourself. Be aware of your surroundings and learn about the happenings of the world. Don’t be a bystander to suffering and injustice, whether it be your own or someone else’s. Standing up for the right thing is not a choice, it’s a necessity, be a Gisèle in a world full of Domiques. 

Author’s Note: People of all genders are unfortunately subject to sexual assault and violence. Since my focus was on Gisèle’s case, and all those who identify as women are relatively much more objectified, my content also reflects that. 

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