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Violence against women: Have big cases led to protections?

October 6, 2024

Can the discourse around extreme cases of sexual violence like that of Gisele Pelicot change anything fundamentally? The situations in France, India, Mexico and Germany show that there is still much to improve.

Demonstrators in Paris show their support for Gisele Pelicot in September
Demonstrators in Paris show their support for Gisele Pelicot in SeptemberImage: Apaydin Alain/ABACAPRESS/IMAGO

Gender-based violence, defined as violence directed against a person because of their biological or social gender, is omnipresent.

According to estimates by the World Health Organization, almost one in three women worldwide has experienced either physical and/or sexual violence in her lifetime. And that stunning statistic is just the beginning.

In addition to the highly publicized #MeToo movement in the United States, campaigns such as #aufschrei in Germany, mass protests in Mexico and India against rape and femicide or, most recently, the case of Gisele Pelicot in France can raise awareness, but change happens only if politicians and the judiciary follow suit.

France: Gisele Pelicot becomes a feminist icon

The case of Gisele Pelicot has shocked France and the entire world: the 72-year-old was drugged by her husband for years and abused by him and other men. Her husband filmed 200 incidents, footage that is now serving as evidence in the ongoing trial against him and 50 other men. A key aspect of the case is that Gisele Pelicot explicitly campaigned for the trial to take place publicly, "so that the shame changes sides."

Graffiti honors the courage of Gisele Pelicot in Gentilly, FranceImage: Geoffroy van der Hasselt/AFP/Getty Images

To show their support for Pelicot and other victims of sexualized violence, several thousand people took to the streets in cities across France in September, chanting, among other things: "We are all Gisele!"

While this has brought fundamental aspects of violence against women back into focus in France, it's not nearly enough, said Elke Ferner, Chairwoman of UN Women Deutschland. The politician and long-standing expert on women's rights believes that changes to French criminal law are needed. "There is not even a 'no means no' rule, according to which sexual acts against the recognizable will of the other person would be punishable. Instead, in France, active resistance must have taken place for it to be considered rape in court."

India: Discrimination and misogyny persist

The rape and murder of a female assistant doctor recently caused outrage in India: in early August the 31-year-old was found dead in a state hospital in Kolkata, the capital of the state of West Bengal. The latest of many rape cases in the world's most populous country sparked massive protests. State hospital workers went on strike and West Bengal tightened the penalties for rape.

Indian doctors stage strike over murder of trainee

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For many Indians, the crime brings back memories of the brutal gang rape of a student on a bus in the capital New Delhi in 2012. The 23-year-old died due to severe internal injuries. Back then, the protests and public outrage were even greater than now, Indian women's rights activist Ranjana Kumari told DW.

The situation is sobering, the director of the Centre for Social Research in New Delhi and chairwoman of Women Power Connect, a coalition of women's organizations said. "When you look at the data, the crime has increased. Not just the domestic violence but also the public space crime in terms of rape and also bullying and harassing women on the streets. And what is very shocking and upsetting is that more crime is happening with the women coming from the minority community. And from the underprivileged Dalit," she said, referring to the group lowest in the Indian caste system.

The sexual violence reflects the patriarchal and misogynistic structures of Indian society, in which change to social norms is sluggish, Kumari added. Although laws have been tightened and new programs launched in recent years, much of this remains theory rather than practice, she said.

There have been repeated cases of authorities trying to cover things up, with officials sometimes refusing to accept reports from women. "Cases take 10 to 15 years to come to any kind of justice. So what is failing are these institutions.You must start delivering justice, otherwise the the criminals get emboldened," Kumari said.

Mexican women rise up against femicide

In Mexico, hundreds of women are victims of femicide every year — murdered because they are female, usually by their (ex-)partner. According to official data, there were 827 femicides in 2023, with the number of unreported cases likely to be significantly higher. Experts attribute Mexico's high rates of femicide to deeply rooted cultural machismo and a problematic justice system that offers little protection for women.

The alarming extent of deadly misogyny has led to a feminist movement that has gained momentum in recent years, developing into a social uprising.

In 2022, after another femicide, activists pinned photos of women killed to the wall outside the office of the Attorney General Image: Eyepix/NurPhoto/picture alliance

"Mass protests against femicides and other forms of gender violence play an important role in advancing public awareness and in holding officials to account," US lawyer Julie Goldscheid, an expert on gender-based violence, told DW.

The high level of public attention has increasingly led to the judiciary and politicians to address the issue, but far-reaching and effective measures have so far failed to materialize. Many Mexicans are now focused on Claudia Sheinbaum, who was elected the country's first female president in June, and has already announced her intention to provide better protection for women.

Mexico: What challenges await President Claudia Sheinbaum?

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Germany: More reforms needed

In 2013, German women began using the hashtag #aufschrei, or "outcry," on social media to report their experiences of sexism and violence. The subsequent news coverage led to a broader discussion of the topic in Germany.

This likely encouraged some changes in the years that followed: the morning-after pill has been available over the counter since 2015, and the law on sexual offenses was reformed in 2016. Elke Ferner, Chairwoman of UN Women Germany, explains: "The principle of ‘no means no' means that crimes that were not previously considered rape are now punished as such. Previously, if a woman did not explicitly say no because she was in a state of shock or did not want to endanger the children next door, it was more difficult to classify it as rape." The 'yes means yes' principle, which was also discussed at the time, would have been even clearer, assuming clear consent rather than clear refusal, she added.

Ferner believes that the most pressing task in terms of women's rights and protection against violence is the planned Violence Assistance Act, which she said is sorely needed. This would give those affected by domestic violence a legal right to counselling and protection, in addition to setting the first uniform guidelines for the funding of women's shelters and counseling centers. According to official figures, 250,000 people in Germany were affected by domestic violence last year, and every second to third day a woman dies as a result of intimate partner violence.

This article was originally published in German.

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