Since the start of the Pelicot mass rape trial, there has been talk of the defendants’ sexuality. In particular, the defense and experts invited to take the stand have pointed out that 50 men on trial fall outside the “norm” when it comes to their sexual tendencies – that which places sexuality within an affective, monogamous and heterosexual relationship.
Libertarianism, swinging, pornography consumption, candaulism and, more generally, paraphilias – a psychiatric term for unusual sexual practices – were all interpreted as signs of sexual disorders in the defendants, which could excuse their conduct. While the context of the rapes and the defendants’ past are elements to be considered, they should in no way excuse or mitigate their responsibility.
Indeed, according to some experts, these non-standard sexualities are signs of psychiatric deviance, a sexual drive of which the defendants are victims. They are described, for example, as being “in the grip of sexual needs,” with “overflowing sexuality” and “great needs.” But these same experts never remind us that sexuality is not a vital need and that we can live – healthily – without sexual activity.
Pornography consumption is also mentioned, even though no scientific study has shown that it is responsible for sexist or sexual violence. Such arguments are dangerous: Presenting the accused as victims of pornography or of their sexuality contributes to rape culture by minimizing their responsibility.
Out of the ordinary, but harmless
Other expert reports have pointed to unusual sexual preferences as a factor in the act. Expert Laurent Layet said that he had never seen as many paraphilias as in Dominique Pelicot, while expert Paul Bensussan said that the 72-year-old’s sexuality was “out of the ordinary” and unchanging, without recalling that it is his criminal acts, not his sexual practices, that are the subject of judgment.
The problem lies not so much in these practices as in the inability to conceive of the sexual act as a constructed, consensual relationship with the other person: Sexual violence is based on reducing the other person to an object of desire, without questioning consent or the power relationships at work in the relationship.
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‘Presenting the defendants as victims of porn contributes to rape culture’
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