Paris – Actress Judith Godrèche is preparing for a court appearance on February 19th, where she will defend herself against a defamation lawsuit brought by director Jacques Doillon. The case stems from Godrèche’s public accusations of sexual assault against Doillon, allegations he denies. Godrèche has described the legal action as a “muzzling” attempt, framing it as a classic tactic employed by alleged aggressors to silence their accusers. The case has ignited a debate in France over what are being called “gag lawsuits” – legal maneuvers perceived as intended to stifle public discourse, particularly in cases of sexual violence.
On Instagram, Godrèche posed a stark question to her followers: “Voler mes mots et violer mon corps ne vous aura pas suffi?” (“Will stealing my words and violating my body not be enough?”). The upcoming hearing at the Tribunal Judiciaire de Paris marks a significant moment in a case that has grow emblematic of the challenges faced by those who come forward with allegations of sexual misconduct. Godrèche initially filed a complaint against Doillon alleging rape that occurred when she was 15 years old, during the filming of his 1987 film, “La fille de 15 ans.” While those specific acts are now time-barred under French law, the accusations sparked the current legal battle.
The defamation suit from Doillon followed a comment Godrèche made on a Télérama article. According to reporting from Midi Libre, she wrote, “In 2022, this journal writes that Doillon’s specialty is filming with children. A sentence is missing: ‘With whom he sleeps.’” This comment is the basis for Doillon’s claim of defamation, and the upcoming proceedings will center on whether Godrèche’s statement constitutes a damaging and unfounded accusation.
What is a “Gag Lawsuit”?
The term “gag lawsuit,” or “procès-bâillon” in French, doesn’t have a formal legal definition within the French legal system. It’s a translation of the Anglo-Saxon term SLAPP – Strategic Lawsuit Against Public Participation – and refers to legal actions perceived as designed to intimidate and silence critics through costly and protracted legal battles. As an étude du Sénat (study by the Senate) from 2023 details, these procedures often lack a strong legal basis and aim to limit freedom of expression by burdening defendants with extensive legal costs and proceedings.
ELLE magazine highlights several recent cases in France that have been labeled as “gag lawsuits,” including journalist Marie Portolano’s legal battle with Pierre Ménès following the publication of her book, “Je suis la femme du plateau,” and cases involving feminist activists targeted for their criticism of Gabriel Matzneff and Patrick Poivre d’Arvor. In the latter case, a complaint against Florence Porcel by Poivre d’Arvor was ultimately withdrawn.
A “Double Punishment” for Victims
For individuals who come forward to report abuse, these types of lawsuits can inflict a secondary trauma. Beyond the initial harm suffered, victims face years of legal proceedings, significant financial burdens from legal fees, unwanted media attention, and a substantial emotional toll. A recent European Union directive (2024/1069) and the work of Victim Support Europe, a network of victim support organizations, underscore the devastating impact of these legal challenges on those who have already experienced harm.
In an interview with Le Parisien, Godrèche described the lawsuit as “a classic strategy to reverse the blame” and “impose silence on victims.” Doillon, for his part, refutes the accusations and is currently being investigated as a witness in a separate inquiry opened following other allegations of sexual assault against him.
A Legal Gap in France
Unlike Canada and some states in the United States, France currently lacks specific legislation designed to quickly dismiss lawsuits deemed abusive or intended to stifle public participation. In March 2024, a group of women who have been targeted with defamation lawsuits published a tribune in Libération calling for legislative measures to make such procedures “hard, if not impossible.”
The case involving Judith Godrèche and Jacques Doillon is drawing renewed attention to this issue, highlighting the need for legal protections to safeguard freedom of speech and encourage victims of abuse to come forward without fear of retribution. The outcome of this case could set a precedent for how similar allegations are handled in the future, and whether France will move towards addressing the legal gap surrounding “gag lawsuits.”
The next step in the legal process is the hearing scheduled for February 19th, where the court will establish a timeline for the defamation trial. Further updates on the case will likely be released by the Tribunal Judiciaire de Paris in the coming weeks. This case underscores the complexities of navigating legal recourse in cases of alleged sexual misconduct and the ongoing debate surrounding the balance between protecting reputations and ensuring accountability.
This is a developing story. Readers seeking support related to sexual assault can find resources at VictimConnect or by calling the National Sexual Assault Hotline at 800-656-HOPE.
