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The Power of Rape Drugs: Fighting Societal Consciousness & Legal Challenges of Chemical Submission

Maria Nassar
Thursday 09 January 2025

Editor’s Note:

Maria Nassar is a jurist specializing in international criminal law
and a project manager at FRANCE VICTIMES 58 – ANDAVI.

The views expressed in this commentary are her own.
View more opinions at victim-support.eu/opinions.

« Shame must change sides » …

… once said Gisèle Pélicot 1, who was drugged into unconsciousness and rapped for a decade, by her husband and 50 others, while under the influence of rape drugs that left her inert and unconscious.

After years of physical illness, weight loss, insomnia, amnesia, hair loss and suffering, the truth was revealed by chance, when her husband was arrested for voyeurism involving other women. Following his arrest and the subsequent search of his belongings, law enforcement contacted her after uncovering videos documenting her – naked and powerless… In her family, or “in what should have been her safest place”, Gisèle endured ten years of sustained sexual abuse.

Like so many victims whose victimization remains hidden and unrevealed, doubt is easily dismissed when it involves family. Victims of sexual abuse are paralyzed by the trust placed in those closest to them, making it impossible to question or accuse their relatives and intimate partners. In such circumstances, the underrated French concept of chemical submission defeats victims’ autonomy, surpasses their ability to resist or to doubt, and forces them to live in a continuous cycle of denial and an unacknowledged nightmare.

As it applies to sex crime cases, the French Criminal Code prohibits the use of any psychoactive substance to commit rape or sexual assaults, whether by drugging the victims without their knowledge or by threatening them. This includes substances like GHB (also known as “rape drugs”), as well as other medications such as sedatives and anxiolytics.

Survivors of these experiences often share these symptoms with support providers, their close circle, or even, at times, with the aggressor himself. This questioning reveals the deep confusion, inner conflict and long-lasting impact of this unrecognized trauma that victims endure:

Unlike other victims of violent crimes, victims of domestic abuse are often under the control of their partners. Victims feel helpless as the power in the relationship is manipulated and imposed by the partner, using isolation, dominance, and dependency.

… frequent memory gaps, unclear recollection of what happened, waking up in different clothes, blurry and incoherent images that leave them unsure if they’re real, and even noticing that food or coffee tastes strange and different…

The aggressors’ modus operandi 2 unfolds perfectly within private spaces, particularly within the family, where the crime is premeditated. By familiarizing themselves with the victims’ routine, habits, strengths and vulnerabilities, the perpetrators strategically manipulate these elements by exploiting these weaknesses, using them to violate the victims and effectively “drug their consent”, making them unable to resist or fully acknowledge what is happening.

“Chemical submission within the domestic sphere is especially alarming as it constitutes an insidious and dangerous pattern, with potentially severe consequences for the victims’ health. This includes injuries such as falls, coma, traffic accidents, as well as disorders including sleep disturbances, memory impairments, weight loss, withdrawal syndrome, and Post-Traumatic Stress Disorder (PTSD). These complications, among others, compound the effects of the assaults endured” 3. Gisele’s case represents the story of countless victims whose minds work to erase the traumatic images of their assault.

“I refuse to remain in this suffering. I want everyone to see the truth of what has been done and confront the reality of their actions” 4.

By waiving her anonymity and revealing her identity, the court proceedings in Gisele Pélicot’s case were open to the public, becoming a powerful symbol of strength in the global fight against sexual violence, and encouraging other victims of similar assaults to break their silence.

“Dignity and courage moved and inspired France and the world” 5.

While prosecuting cases of chemical submission – though rarely detected and reported – and sexual assault, securing and collecting concrete evidence remains one of the major challenges victims may face. Toxicological analyses that detect substances like sedatives or other drugs used in these crimes, are highly expensive. Additionally, victims frequently fail to recognize the signs of such violence, or the drugs being administered, further complicating the evidence collection process. This underscores the necessity of providing adequate training for healthcare professionals and forensic experts, to identify the symptoms associated with chemical submission.

However, financial resources are urgently needed to fund these toxicological assessments, mainly those involving hair analysis, which, unlike blood or urine tests, can preserve evidence for a longer period, making it an effective method for detecting long-term drug exposure.

Equally challenging is the issue of evidence. In the absence of video evidence, the burden of proof becomes a tool-weapon for the defense in the hands of defense counsel who may invoke the presumption of innocence and exploit perceived inconsistencies in the victims’ testimony to undermine their credibility. This strategy casts doubt on the facts and is frequently used to defend the accused.

Systemic reform and societal awareness are required to fight against chemical submission and sexual violence. We need to improve detection mechanisms, but as former French Prime Minister stated 6, justice starts with awareness and change begins with education…

… « because this is where the fight for equality and respect begins. ».

1 AVIGNON, France, December 19 (Reuters): A French Court convicted Dominique Pelicot for drugging and raping his wife repeatedly over nearly a decade. He was also found to have facilitated the sexual assault of his unconscious wife by numerous men. All 50 co-defendants were convicted of charges, ranging from rape to attempted rape and sexual assault.
2 Modus operandi refers to a method of operation or pattern of criminal behavior.
3 Leila Chaouachi, Doctor of Pharmacy and expert in the national investigation on chemical submission with the National Agency for the Safety of Medicines.
4 The victim, Gisele Pelicot, was present in the courtroom, having waived her right to anonymity, as the sentencing was delivered.
5 French President Emmanuel Macron honored Gisèle Pélicot for the strength she displayed during this mass rape trial including her husband and 50 other men.
6 Gabriel Attal.
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