The Mazan rape case, the trial of which is ongoing, has lifted the veil on chemical submission, the act of drugging a person without their knowledge in order to abuse them. But another, more frequent mode of operation remains under-publicized: chemical vulnerability. This involves an attacker taking advantage of the state of a person who has voluntarily consumed a drug, often alcohol, to attack them.
Caroline, a 48-year-old mother, was a victim. A man she met on a dating app invited her to her home, then made her drink before raping her. When she did toxicological analyzes a few hours after the incident, she would have liked to see traces of drugs found in her blood or urine. “I wanted to have material proof of what had happened, to reassure myself as a victim and to stop feeling guilty,” she explains to the Paris addiction center that collected her testimony. But nothing was detected.
A guilt
The forty-year-old is not the only victim of chemical vulnerability to react this way. “The women I speak to on the phone often explain to me that they want to have their toxicology test results before filing a complaint, suggesting that if the attacker drugged them, it would be his fault, but that if they took drugs or alcohol themselves, it would be their fault,” says Leila Chaouchi, pharmacist at the Paris addictovigilance center and expert in the national survey on chemical submission by the ANSM. “It is then our responsibility to put aggression back at the center of discussions, and to remember that chemical submission and chemical vulnerability are both aggravating factors for the aggressor. The law says so. »
The doctor must therefore debunk preconceived ideas and demonstrate pedagogy. “It is extremely important to say that we are never responsible for our aggression, because this belief is still very anchored in society. » Solène*, 30 years old, victim of a chemical rape during a student evening, is always afraid of being blamed. This is why she only told a few close people about it. “I don’t want to be told that I shouldn’t have drunk, smoked or slept there. » Marine, victim of gang rape in 2021 after consuming alcohol, had to face this type of remarks. “My parents took it very badly and made me feel guilty. »
Black holes and comatose state
But this is not the only reason why few victims of chemical vulnerability end up walking through the door of a police station. “They do not feel legitimate to file a complaint also because they do not have many memories,” adds lawyer Bénédicte Brigouleix, president of the Victim Assistance Association (Aidovie). Even though they are aware of having suffered something they should not have suffered, they were in a comatose state. »
This is the pernicious side of this mode of operation: the victim was not in a state allowing him to consent, and it is this state which made his memories blurry. “My clients often talk to me about black holes, they have had difficulty reconstructing the facts precisely and are afraid that people will not believe them,” underlines the lawyer for victims of sexual violence Carine Durrieu-Diebolt. It is precisely because she did not want to “have to justify it” that Solène did not file a complaint. “And then, also, there was no proof. »
Prove the victim’s state of vulnerability
“To prove rape or sexual assault, it is necessary to demonstrate the vulnerability of the victim, which illustrates the fact that she was neither in a position to resist nor to consent,” explains the lawyer. Blood alcohol levels, viewing of video surveillance cameras, testimonies, messages exchanged, videos taken by the attacker… Many clues can help prove that the victim was comatose, amorphous, not in his normal state.
“It is not enough to demonstrate that there is a vulnerability, it is also necessary to demonstrate that the author was aware of it, that this vulnerability was apparent,” adds lawyer Bénédicte Brigouleix. To do this, the elements exposed above “can show that he could not have been unaware of this state of distress”, she continues. “This is particularly the case if the victim is not walking straight, makes incoherent comments, or even if he is half asleep. »
Police training
But time works in the attacker’s favor, as images from CCTV cameras are often only available for a limited time and the substances present in urine and blood evacuate after a few hours. Hence the importance of filing a complaint shortly after the incident. This is what Marine did. A few hours after his attack, a flagrant investigation was opened, as much evidence as possible was collected and the attackers were placed in pre-trial detention.
“If the denunciation is late, there is little probative evidence and no testimony, we can find ourselves in parole against parole procedures. And there, it’s more complicated,” attests the president of Aidovie. Women also deplore the welcome given to them in certain police stations. “A young gendarme tried to demotivate me by telling me that the defense lawyers were going to do everything to make me break down,” Caroline remembers. I wondered if I was right to file a complaint. I felt guilty and not a victim. » Three more senior gendarmes reprimanded their colleague, and Caroline was finally not heard. “Young police officers have been receiving training on the psychotrauma of victims for several years, but this is not the case for all,” underlines Carine Durrieu-Diebolt. It takes time for the transition. »
After a long period of work, Caroline realized that her attacker had taken advantage of her condition to rape her. “Now I am truly aware that I am a victim and not guilty. There was no way I had to end up in that bed with that person because I wasn’t myself that day. » The mother ended up filing a complaint against her attacker. For her, but also so that all other women feel legitimate to do it.