The Mazan rape trial sheds new light on the notion of chemical submission in sex crime cases. Dominique Pelicot is accused of giving his partner anxiolytics, prescribed by her GP, in order to rape her and have her raped by other men – 51 of whom are implicated in this trial.
While the use of drugs to commit a crime or offence against others is old, the French notion of chemical submission, especially in the context of sexual violence, has appeared more recently. It falls into the category of Drug Facilitated Crimes (DFC), crimes facilitated by the use of psychoactive substances, defined in forensic medicine at the international level.
A government mission to better understand and stem the phenomenon was launched in France in April, following the revelation of the Mazan rapes and the case of former MP Sandrine Josso (MoDem) who accused Senator Joël Guerriau (Horizons) of drugging her with ecstasy. The elected official was indicted in November 2023 for “administration of a substance in order to commit rape or sexual assault”. The mission is, however, on hold pending the appointment of a new government.
Read also: MP Sandrine Josso wants to raise awareness of the “scourge” of chemical submission after being drugged without her knowledge
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Chemical “submission” or “vulnerability”: what is it?
The term “chemical submission” is primarily scientific and refers to the act of drugging a person without their knowledge or under threat for criminal or delinquent purposes. “This is a modus operandi used by people who commit sexual violence, but not only that. We also encounter cases of children or elderly people being chemically beaten, in other words, drugged in order to no longer have to look after them or to get money from them.”explains Leila Chaouachi, doctor of pharmacy and head of the national survey “Chemical Submission”, a census conducted each year by the National Agency for the Safety of Medicines (ANSM) since 2003 to monitor the diversion of medicines.
The ANSM distinguishes between chemical submission and chemical vulnerability. The latter refers to taking advantage of the fragile state of a person who has freely consumed substances in order to attack them. “In both cases, the victim is never responsible for his aggression”insists the expert.
In law, chemical submission is one of the offences defined as “the voluntary administration of a harmful substance that harms the physical or psychological integrity of another person”punishable by Article 222-15 of the Penal Code amended by the law of March 5, 2007. The law of August 3, 2018 strengthening the fight against sexual and gender-based violence further specifies that drug use during a sexual assault constitutes an aggravating circumstance.
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