France: A licence to rape?

A lenient gang-rape verdict has prompted outcry and a debate on France's inadequate response to rape. The French media's ambivalence towards rape victims also needs to be examined.

There seems to be a feminist revival in France. The promise made by François Hollande during the presidential campaign that his new government would be 50 per cent female has been kept. The ministry of justice led by Christiane Taubira has been quick to submit a new anti-harassment law, responding to the cancellation of the existing law under Sarkozy's mandate, which caused all ongoing harassment cases to be dropped. Also, for the first time since 1986, the country has a ministry of women's rights, run by 35 year-old Najat Vallaud-Belkacem, also spokesperson to the government, who is keen to abolish prostitution. French feminist organisations, like Osez le féminisme! (Dare Feminism!), created in 2009, are going strong – one of OLF founders is even an adviser to Vallaud-Belkacem – and feminist magazine Causette, also three years old, is proving to be serious competition in the realm of women's magazines.

In such a context, what is now known as the “Créteil verdict” was met with considerable incomprehension and anger. Here's a quick summary of the events that led to it.

- Nina and Stéphanie*, now in their late twenties, claim that when they were 15 and 16 they were repeatedly raped by a group of boys in the 'cité' where they lived (a housing estate in the Parisian suburb of Fontenay-sous-Bois). The facts they narrate are not part of an isolated crime, but of long-term sexual enslavement. They recall being dragged to basements or empty staircases while boys queued up to rape them. This happened, they say, almost everyday for six months in 1999. They pressed charges in 2005.

- Seven years after the complaint, a three-week long trial took place. It was a closed hearing, as plaintiffs and accused were under 18 at the time of the events. On 11 October, the verdict saw ten of the fourteen accused walk free and four being granted lenient sentences (one year at the most). Only one man went back to jail, but only because he is waiting to be judged in another case.

- In an interview granted to French newspaper Libération after the verdict, Nina says that she was verbally abused by the now fully grown men during the trial – which went unchallenged by the court president. “Fat cow”, said for instance one of the accused, “What makes you think I would have raped you?” Stéphanie tried to kill herself three days after the start of the trial and was hospitalised for ten days. Neither of them was present at the time of the verdict.

Following the trial, various feminist organisations called for a protest to be held in front of the ministry of justice on Monday 15 October. They were not there to challenge the independence of justice, insisted 30 year-old Emmanuelle, a member of Osez le féminisme. “But justice”, she said, “is not ahistorical. It reflects the struggles of society. Sometimes it has to be fought for in the streets, especially in a country that doesn't take rape seriously.”

“What went wrong in this case? Well, pretty much everything”, said Marie-France Casalis, a jurist and member of Collectif féministe contre le viol (Feminist Collective Against Rape). And she would know: the organisation has had a telephone line dedicated to helping victims of rape and abuse for twenty seven years. “First of all, the complaint was made too late. It would have been much easier to find traces of what had happened closer to the events.” I can't help thinking it would also have prevented the proceedings from being purely word against word, or more precisely, two broken (and often absent) voices against fourteen voices, thirteen years after the events took place.

Casalis also points out that, unlike victims of domestic violence, rape victims don't benefit from a protection order. Nina, Stéphanie and their families suffered threats for years (like the time Stéphanie's father discovered a bullet in his post box). And the help that Nina received to relocate wasn't sufficient, so that she ended up returning to her home and living in the place where her family and her alleged rapists still lived. The two women never escaped the fear of reprisal.

“Most rape victims suffer post traumatic syndromes”, Casalis explains. “They forget what happened and what they did to defend themselves, because it didn't work out. You have to help them reconstruct the narrative. And that's what we do. But Nina and Stéphanie were left isolated for seven years and were not put in contact with any organisation – which is a shame. When they arrived at the trial they were in no condition to speak freely or without fear.”

Submitted to the grilling of the defence lawyers, Nina and Stéphanie crumbled. As Nina told Libération: “I tried to explain that you don't have a precise notion of time when you're being raped by twelve people at the same time. In the end I told (the defence lawyers) that if I had known I would have taken a notebook with me, to write down what the time was when each man raped me, so that I could remember it thirteen years later.” Today, the young woman is considered to be significantly disabled (an 80% disability, according to the French standards).

Following the verdict, feminist organisations have launched an online petition, called “Rape: Shame Must Switch Sides”. They demand the creation of a new law and have asked to meet with François Hollande to discuss violence against women. They insist on the need to implement prevention (which, they say, is the most cost-effective method) and ask that police and judiciary personnel be trained to respond adequately to rape. They request that the protection order that covers domestic violence victims be extended to rape victims. They also denounce an injustice less known by the general public: because criminal courts are congested, rape is often recategorised into sexual assault, a less serious offence, which is judged in a lower court and can only be punished by five years of imprisonment, as opposed to fifteen years for rape. They demand that rape be only judged in criminal courts.

Nina and Stéphanie's case reminds us that in France only one rape in 11 is reported, and that only 2% of rapists are convicted. “Of course, sending rapists to jail doesn't solve everything”, says Emmanuelle. Yet, this case seems to reveal that France is failing when it comes to dealing with rape. For Hollande and Vallaud-Belkacem, it's a test. Let's hope they will pass it.

Lastly, a word on something that keeps bothering me: one cannot evoke this trial without mentioning the high level of attention the media has brought to the story. But because the trial was held in a closed hearing we will never really know what happened in the court room. This creates a toxic combination. All we know is what the victims, their counsel, and the defendants' counsel have told the press. Each version differs greatly, which has led to exaggerations and imprecision. At the protest following the verdict, I was told Stéphanie filed a complaint in 1999 and that the fact that it was dropped was responsible for the debacle of this trial. However, it was actually reported that she filed a complaint for rape in 1996 (in a different case) and acknowledged during the trial it was a wrongful accusation.

Police and judiciary personnel may not the only ones who need training on how to deal with rape. What about the media? Because they love a good sensationalist headline – and good hits on Google –  many publications have kept using the term 'tournantes' (which refers to the act of passing a girl around, a bit like you pass a joint) even though it is a term used by rapists. The mediatisation of this rape trial shows a degree of ambivalence towards the victims where feelings of horror, fascination and shame are indistinctly mixed. And it would be tempting to forget that a poignant narrative – such as Nina's words when describing her ordeal to the newspapers – does not constitute proof in the eye of justice. Yes, Nina and Stéphanie's case shows that everything needs to be done to help rape victims speak up, but the media also has a responsibility to speak sensitively about rape.

*This alias was used during the trial.

Valeria Costa-Kostritsky is a French journalist based in London. This post first appeared on openDemocracy 50.50 here.

Topless activists of the Ukrainian women movement Femen demonstrate in front of the justice ministry in Paris. Photograph: Getty Images

Valeria Costa-Kostritsky is a French freelance journalist. She reports on social issues and contributes to the LRB, the Guardian, Index on Censorship and French Slate, with a particular interest in France and Russia. She is on Twitter as @valeria_wants.

 

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Why Philip Green's fall should bring down the honours system – but won't

Sir Shifty may fall in disgrace, but our ridiculous system will endure. No matter what's happening in the rest of politics.

Sir Philip Green’s Efficiency Review (2010) is his Das Kapital and it is still, happily, online. You can, if you wish, smirk at his recommendations to the government, which were solicited by David Cameron, I imagine, because when he stood next to Green he looked not like a 17th-century woodcut but like a tall, handsome semi-aristocrat.

“There is no motivation to save money or to treat cash ‘as your own’,” Green grumbles, before complaining, “There are inconsistent commercial skills across departments.” I am weeping with laughter at the whole report. But I’m not one of those BHS employees watching their pension ­vanish as the hideous cushions, throws and bedspreads pile up on the Green family yacht Lionheart. I instantly rename the yacht 14-Day Return Policy No More.

The days when Green could write efficiency reviews for people to ignore are gone. It is said that he could lose his knighthood, because that would be exciting and pointless. If so, I hope the ceremony features the formal rending of a garment from the BHS sale bin – perhaps a torn sock will be flung at his head? The Queen will not be happy, because de-knighting makes the ancient system of patronage look as ridiculous as it really is. Do intercessors between man and God make mistakes? Would they raise a man the Daily Mail now calls “Sir Shifty”? (I checked whether there was a Sir Shifty among the knights of the Round Table who flogged the Holy Grail to a passing tinker. There was not.)

Lord Melbourne advised Queen Victoria not to attempt to make her husband, Albert, a king, for if the people knew that they could make kings, they might unmake them. Green will discover this in his tiny way. But the elites should not hide their baubles. One fallen knight will not destroy the system (and I cannot think that Green will take £571m from his Lionheart cushion budget to save his knighthood by replenishing the BHS pension fund, because a knighthood is, in essence, just a tiny Bentley Continental that you wear over your nipple). One fallen knight should destroy the system but it won’t, because human conceit and docility are without end. Green will be shunned. Nothing will change.

One might have hoped that the Brexit vote would have alerted Cameron to the abyss between the electorate and the elected. (Even Alastair Campbell, chomping against Brexit, seemed to forget that he was as complicit in the alienation of voters as anyone else: government by sofa, teeth and war.) The response was glib, even for Cameron, a man so glib that I sometimes think he is a reflection in a pond. Brexit hit him like someone caught in a mild shower without an umbrella. He hummed at the lesson that history dealt him; he hummed as he left his page. It was the hum of the alpha Etonian caught out in a mistake, yes, but it was still a bloody hum.

His next act was to increase pay-offs to favoured courtiers against civil service advice and at public expense; then, it was reported, he nominated his spin doctor Craig Oliver and his former spin doctor Gabby Bertin for peerages, because the upper house needs more PRs. He has learned nothing. I wish him a relaxed retirement in which he will, apparently, write his four-page memoir, David Cameron: My Struggle (sub-subtitle: Eton Mess?). I hope he does not attempt to deny “the prosciutto affair”, because there is no need. It was not true. It was too pure a metaphor.

So the honours system, an essential part of our alienating politics, alongside dodgy donors, duck houses and George Galloway, endures in its worst form as conventional politics fails. It is a donkey sanctuary for political friends and Bruce Forsyth. I am not suggesting that everyone who has been honoured is dreadful – some lollipop ladies deserve to be patronised with an OBE (when there is no E any more), I am sure, and the lords, some of whom are excellent, are the functional opposition now – but the system can no longer be defended by the mirth potential of watching politicians ponder what light-entertainment celebrities might swing a marginal before being posthumously accused of rape. We must find something better before the house burns down. Perhaps a robust parliamentary democracy?

The problem is best expressed by the existence of a specialist consultancy called Awards Intelligence, which engages in “VIP brand-building” by soliciting awards. It sells “awards plans” from £795, which I could well imagine Philip Green perusing as he bobs about aboard Lionheart, were it not too late. The Awards Intelligence website tells us so much, though obliviously, about the narcissism of modern politics that I am tempted to reproduce it in full. But I will merely report that it asks:

"Did you know that you can join the House of Lords on a part-time basis as an Independent Crossbench Peer or a political peer affiliated to one of the main politial parties – even if you have ongoing work, family or community commitments!"

The message from Awards Intelligence, which boasts of a 50 per cent success rate, is clear: the legislature is part-time, it exists to “instil trust, add credibility and provide a platform for you to have your say” – and it can’t always spell “political”.

Sir Shifty and Awards Intelligence do not constitute the worst crisis in the history of honours, dreadful though they are. During the First World War the royal German cousins were stripped of their garters, so that British soldiers would not have to kill men of higher rank. But it is time for the Queen to stop pinning toys on nipples. They are part of a political system sweeping us, swiftly, towards the night.

This article first appeared in the 28 July 2016 issue of the New Statesman, Summer Double Issue