A comparative perspective on the Pélicot case

The highly mediatised Pélicot trial has cast a sharp light on sexual violence in private spaces and prompted loud calls for reform in France. This article examines two distinctive features of the French substantive and procedural framework. The first relates to inadequacies in the definition of rape, with the current debate in France echoing in some respects the dialogue in Australia over the past three decades. The second concerns what may seem like procedural peculiarities in the case but are in fact the product of reforms that have parallels in several Australian jurisdictions.