September 23, 2025FIU Law ReviewOpen Access

Absent Words, Absent Consent: Gisèle Pélicot and the Limits of French Rape Law

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France's definition of rape inadequately protects unconscious or incapacitated victims, distorting consent.
The Mazan case illustrated the complex prosecution of mass sexual assaults under existing French law.
Moving towards a consent-based approach could modernize France's legal framework and improve victims' protection.
Reforms could help close evidentiary gaps and enhance prosecution rates for rape cases.

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Analysis reveals gaps in French law concerning consent and sexual assault, highlighting reforms suggested by the Istanbul Convention.

Victoria Baez (2025) studied this question.

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