Gisèle Pelicot, the 72-year-old, sexually violated and raped in her home for from 2011-2020 stood in a French open court in 2024 to testify against former husband, Dominique and 50 other men.  In France, proof of intent is required to secure a conviction of rape. Gisèle was drugged by her husband during the prolonged and repeated abuse. Currently, 17 men who have been convicted are claiming they were “manipulated” by Pelicot into raping his wife and assumed she had given consent.

Dominique pleaded guilty in 2020 following his arrest for another sexual offence.  Two cold cases, a rape/murder case from 1991 and an attempted rape in 1999 at which Dominque’s DNA was found have now been re-opened.  If the evidence from those cases had been fully investigated perhaps Gisèle would have been spared.

Statistics from the Institut des Politiques Publiques in France over a 10-year period indicates there were more than 400,000 cases of sexual violence in France with only 13% resulting in a conviction (April 2024).  These data do not look separately at prosecutions of rape in relationships and marriages (vs stranger or date rape) but in each case one assumes there is insufficient evidence.

We have in the Mendez Principles (see https://implemendez.eu/) an international standard for the investigation of crime, one that respects the rights of individual victims and witnesses. Principle 3 speaks directly on identifying vulnerability, at the individual and situational level.  This has direct application where a victim may be in an abusive long-term relationship, fearful of blame or some other punishment. An investigator trained in the use of Mendez Principles would bring the skills of establishing a rapport, encouraging the witness to talk freely, active listening and getting a full account without any judgement.

The powerful impact of Gisèle Pelicot’s bravery makes clear that we need to change attitudes, to address head on the misogyny and patriarchy that are barriers for victims. My hope is that Implement Mendez can also bring about a cultural shift among police and legal practitioners in investigations of rape and abuse in relationships.

By Prof. Amina Memon