A-Infos (en) France, UCL AL #365 - Anti-patriarchy - Report from the High Council for Equality: Rape and Sexual Assault, Ending the Denial (ca, de, fr, it, pt, tr)[machine translation]

As every year, November 25th will be the International Day for the 
Elimination of Violence against Women. Numerous demonstrations are 
planned for Saturday the 22nd. To express our weariness and anger at 
constantly repeating the same message. Together, we hope for a greater 
awareness among everyone, as well as genuine protection for women and 
gender minorities that does not depend on a police force with oppressive 
practices.
November 25th is usually an opportunity for feminists to highlight the 
numerous femicides - the murders of women because they are women - 
committed primarily by their partners or ex-partners, and the negligence 
of the police who allow men known to be dangerous to act with impunity. 
But this year, at the end of September, the High Council for Gender 
Equality (HCE) published a report entitled "Ending Denial and Impunity 
in the Face of Rape and Sexual Assault."

A report that highlights countless shortcomings.
The table of contents alone would suffice to illustrate the tragedy. 
Following the statistics, there is a description of the shortcomings or 
obstacles to supporting victims who come forward. For example, victims 
do not always use the terms rape or sexual assault, particularly in the 
context of marriage. They are not helped by the justice system: in 2019, 
for instance, a woman had her divorce granted on the grounds of her 
fault because she refused to have sexual relations with her husband.

At a demonstration on November 23, 2024, in Paris, a sign read, "The 
rapist is not sick, he is the healthy offspring of the patriarchy."

Photo Library Rouge/Martin Noda/Hans Lucas Caption
The lack of awareness of available support services and their scattered 
nature mean that women rarely use them. Furthermore, the relevant 
associations (obviously) lack sufficient resources and are rarely 
affiliated with a medical facility. As for forensic medical units, they 
are neither numerous enough nor easily accessible. They are most often 
contacted after a complaint has been filed, which is too late.

The report continues with a list of shortcomings in the police and 
judicial services: massive obstacles to filing complaints, traumatic 
legal procedures, trials that further weaken victims... Finally, there 
is an analysis of the introduction of the concept of consent into the 
definition of rape. Rich and insightful. One can only hope that the High 
Council for Equality between Women and Men (HCE) will continue its 
freedom to criticize public policies.

Recommendations based on victims
In addition to the usual recommendations[1], there are more specific and 
original recommendations, resulting from the identified shortcomings.

Here are some of them:

clarify that the obligation of cohabitation under the Civil Code does 
not include the obligation to have sexual relations with one's spouse;
implement the collection of evidence without a formal complaint, and 
retain samples;
reiterate the prohibition against refusing to take a complaint;
film the victim's testimony, with their consent, so they do not have to 
repeat themselves;
improve the process for collecting complaints from foreign nationals and 
people with disabilities;
prohibit cases from being dismissed without a thorough investigation and 
require more detailed justification;
allow victims to report psychiatrists who have engaged in misconduct.

It is a positive step that the recommendations focus on victim care, 
rather than increasing penalties.

The date of November 25th commemorates the assassination of the Mirabal 
sisters in the Dominican Republic on November 25, 1960, an act ordered 
by the far-right dictator Rafael Trujillo.

Wikimedia/Laurent Seignobos
It also provides an opportunity to review the statistics. The number of 
complaints is gradually increasing as victims are more and more 
empowered by society to speak out. However, it remains significantly 
lower than the number observed in victimization surveys. Filing a 
complaint remains an uphill battle, navigating police officers who are 
themselves perpetrators of violence and sexist, racist, or LGBTQ+-phobic 
stereotypes, even though tools and training programs are being developed.

In 2023, the number of complaints for rape or attempted rape was 20,811. 
These led to charges against 17,177 individuals (a discrepancy due to 
procedural delays and the existence of multiple perpetrators). 11,527 of 
these cases were closed without further action, representing a closure 
rate of over 67%. The reasons for closure range from the inadmissibility 
of the case - statute of limitations, absence of an identified 
perpetrator, etc. - to closure for alternative procedure (158 cases) and 
the inappropriateness of prosecution: reasons relating to the interests 
of society, the law or justice, or for reasons of equity (541 cases).

Ultimately, only 5,593 cases resulted in prosecutions, and 636 
convictions were handed down. In 2023, rape convictions thus represented 
only 3.32% of complaints filed and 0.4% of reported victims. Similarly, 
while the number of registered complaints tripled in ten years, the 
number of convictions only increased by 30%. This is not an argument for 
more repression, but rather a highlight of the police and judicial 
systems' disregard for these cases.

Let's demonstrate across France. The demonstrations planned for November 
25th will be held on the 22nd, a Saturday. One drawback of this date is 
that it risks overshadowing Transgender Day of Remembrance (TDoR), which 
takes place on November 20th. However, there are many connections 
between these two dates. Perhaps it would be beneficial to work towards 
joint gatherings, which would increase the visibility of these struggles 
and highlight the fact that violence against women and trans people all 
stems from the same patriarchal system?

Let's demonstrate, then, to say that every victim of every act of 
patriarchal violence counts and that we are adding up the numbers. Let's 
demonstrate to say that, unlike this society, we do not tolerate the 
mistreatment inflicted on women and gender minorities. Let's demonstrate 
so that the High Council for Equality between Women and Men (HCE) 
recommendations are not just empty words but are actually implemented.

A day for the elimination of violence against women? A day for the 
elimination of violence committed by men, yes! Perhaps if we changed our 
approach and focused on the oppressors rather than their victims, our 
actions would change as well.

Christine (UCL Sarthe)

Validate

[1]Raising awareness among professionals, the general public and 
children, training police officers and judges, increased resources 
(reception centers, mental health support centers, medico-legal units, 
places in shelters, police officers assigned to the police hotline...), 
funding for travel.

https://www.unioncommunistelibertaire.org/?Rapport-du-Haut-conseil-a-l-egalite-Viols-et-agressions-sexuelles-mettre-fin-au
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