Unresolved Questions in the Wake of the Pelicot Trial

French rape survivor Gisèle Pelicot exited a court in southern France for the final time on Thursday. This occurred after her ex-husband received a 20-year prison sentence for drugging and raping her, and for inviting dozens of strangers to also abuse her over nearly a decade. Dominique Pelicot, 72, was found guilty of all charges by a judge in Avignon. He was on trial with 50 other men, all of whom were convicted of at least one charge, although their jail terms were less than what prosecutors had demanded. Despite the trial’s conclusion, questions continue to surround the Pelicot case and its future developments. When Gisèle Pelicot first ascended the steps of the Avignon courthouse in September, her name was unknown. Over the subsequent 15 weeks, her prominence as a rape victim who refused to be ashamed of her experiences grew exponentially. By the time she departed the tribunal on Thursday, crowds of hundreds were chanting her name, and her photograph appeared on the front pages of newspapers globally. She is now perhaps one of France’s most recognized women. This means that even though she has stopped using her husband’s surname, it will be impossible for her to regain the anonymity that greatly assisted her in rebuilding her life following the revelation of her husband’s crimes. Gisèle is not the first individual whose immense suffering has transformed her into an icon. At considerable personal cost, she has become the emblem of a struggle she did not choose. It therefore seems improbable that she will wish to become an outspoken activist against gender violence or a prominent feminist figure. Instead, she may return to what she has stated has always provided her solace: music, long walks, and chocolate – as well as her seven grandchildren. “At the start of the trial she said: ‘If I last two weeks, that will be a lot.’ In the end, she made it to three and a half months,” her lawyer Stephane Babonneau said. “Now, she is at peace, and relieved it’s all over.” Days after Dominique Pelicot’s crimes came to light, his daughter Caroline Darian was summoned to the police station and shown photographs of an apparently unconscious woman dressed in unfamiliar lingerie. She later recounted that her life had “stopped” when she realized she was looking at pictures of herself. Her father has consistently denied touching her, but Caroline – whose anguish and devastation were evident in many court sessions – has stated she would never believe him and accused him of looking at her “with incestuous eyes.” However, the lack of proof for the abuse Caroline is convinced was inflicted upon her has led her to declare herself “the forgotten victim” of the trial. This sentiment has visibly permeated her relationship with her mother. In her memoir – published after her father’s arrest – she accused Gisèle of not providing her with sufficient support, implicitly choosing to side with her rapist ex-husband over her daughter. Although Gisèle and her children consistently sat next to one another in court, often whispering huddled together, there have been indications of the strain the trial has placed on their relationship. On Friday, Caroline’s brother David emphasized – as he has done previously – that the trial concerned not only Gisèle but their entire “annihilated family.” He stated, “Us children felt forgotten.” He added, “Very honestly I feel that while our lawyers did a remarkable job on the defence of our mother, we were a little bit less taken into account.” In her memoir, Caroline lamented Gisèle’s “denial as a coping mechanism.” She wrote, “Because of my father,” she wrote, “I am now losing my mother.” Aside from Dominique, all of the prison sentences imposed on the defendants were less than what prosecutors had requested. Several defense lawyers appeared visibly satisfied, suggesting it is unlikely they will encourage their clients to appeal their sentences. A man named Jean-Pierre Maréchal received 12 years – five less than prosecutors had asked – and his lawyer Patrick Gontard told the BBC it was “out of the question” he would appeal. The months or years the men spent in pre-trial detention will be credited towards their total sentences, meaning that some may be released soon if they have served their minimum term. One man who was facing 17 years ultimately received an eight-year imprisonment sentence, and his lawyer Roland Marmillot told the BBC that because he had already spent several years in jail, his release was likely to occur relatively soon. Still, by the morning after the trial concluded, two men, each jailed for eight years, had already filed appeals. More are anticipated to follow over the next ten days – the period during which appeals can be lodged. Dominique Pelicot has admitted to assaulting and attempting to rape a 23-year-old estate agent, known by the pseudonym Marion, in the suburbs of Paris in 1999. A cloth imbued with ether was placed over her mouth, but she managed to fight off the attacker, who then fled. It was only in 2021, after he was arrested for the crimes he inflicted on his wife Gisèle, that Pelicot’s DNA was cross-checked with a speck of blood found on Marion’s shoe, and he admitted to his guilt. He has, however, denied any responsibility in another cold case – the 1991 rape and murder of another young estate agent, Sophie Narme, for which there is no DNA. Investigators have argued that the two cases present too many similarities to be coincidental. Other cold cases where similar modi operandi were used are also being re-examined. “There will be a ‘before’ and there will be an ‘after’ the Pelicot trial,” one Parisian man told the BBC in the early days of the trial. For many, this sentiment has only intensified over the last few months, during which the intense media coverage of the Pelicot trial generated countless conversations around rape, consent, and gender violence. “What we need to do is have much, much harsher sentences,” Nicolas and Mehdi, two residents of Mazan – the village where the Pelicots lived – told the BBC. They said they were “disgusted” when they found out one of the defendants was a man they had played football with. “With longer sentences they’ll at least they’ll think twice before doing stuff like this,” they said, adding that it was “crazy unfair” that some of the men could come out of jail in the next few months. It is worth noting, however, that the risk of incurring a 20-year prison sentence for aggravated rape did not deter Dominique Pelicot from offering his unconscious wife to be raped by strangers he met online. There have been calls to reform French legislation on rape to include consent, but that has stalled in the past and would require considerable effort in the current divided French parliament. Some have argued that schools have a responsibility to better educate new generations about sex, love, and consent. Béatrice Zavarro, Dominique Pelicot’s lawyer, has stated she believes “change will not come from the ministry of justice but from the ministry of education.” Françoise, a resident of the area where Gisèle and Dominique Pelicot used to live, told the BBC she thinks a way must be found to bridge the gap between what children are taught in schools and the type of material they have access to online. “Young people are so exposed to sex on the internet and at the same time schools are very prudish,” she said. “They should be much more open and frank to match and explain what kids see.” What these exchanges show is that, while it will take time before any changes become tangible, a conversation has now started. It will continue until there are no more unanswered questions.