Gisèle Pélicot was raped for almost ten years by at least 51 men while she was unconscious. Her husband, to whom she had been married for 50 years, drugged her until she was in a comatose state, so that dozens of men she contacted on the Internet would sexually assault her in her bedroom while he filmed or photographed the scenes. The trial, which began last Monday, has shocked the whole of France. Beyond the horror of the case, it is interesting because the victim asked for and achieved that the hearings be public. This means that journalists can enter the courtroom, but only to transcribe what they see and hear.
Gisèle Pélicot also allowed the press to film her entering and leaving the courtroom and taking her seat in the room before the hearing began. The decision constitutes a form of activism – she was hesitant at first, but was persuaded by her daughter – to clearly point out those who should feel the disgrace.. “Shame has to change sides…” said his lawyer, a phrase that has become a banner in this case.
However, the decision taken by Pélicot does not mean that the same can be done with the 51 accused, including the husband, Dominique Pélicot, nor can the cameras be kept on after the trial has begun (mobile phones are also checked to ensure they are switched off). The images of the accused that have been broadcast on television were taken before the trial began and without any of their faces appearing.
The accused in custody (around thirty of the 51) enter through another door that allows them to hide their faces, but they would not need to: the law protects them. Why? Until April 2022, trials in France could not be recorded and it was only permitted in cases that were part of the history of the Republic. A law passed that year, however, changed that rule and opened up the possibility of taking images, but in a very restricted way. “Recordings of hearings may only be broadcast when the case has been finally judged, with the agreement and respect for the rights of the parties: right to an image, respect for private life, presumption of innocence, right to be forgotten, best interests of minors or adults under protection,” the law states.
There are some exceptions to this rule, such as terrorism cases. For the rest of the trials, artists are always used to sketch the scenes in which the accused and the victims take part. These are, precisely, the only images that are being distributed from this trial.
The law passed in 2022 remains very restrictive. If a trial is to be recorded or photographs taken, explicit consent from the parties is required and they may only be distributed once the trial has ended and the defendants’ guilt has been determined. Even so, there are many situations that continue to protect the accused: “All persons filmed, both professionals and litigants, must complete a consent form relating to the recording and dissemination of their image. These forms are attached to an order published in parallel with the implementing decree. The decision to authorize the recording of hearings in judicial courts and courts of appeal will be granted, after the advisory advice of the Ministry of Justice, by the first president of the court of appeal for the hearings of said court and of the jurisdictions of the judicial order under its jurisdiction.”
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