As a consequence of the Duhamel affair, the Senate is preparing to adopt Thursday, January 21 a bill to create a new sexual crime to protect minors under 13, enriched at the last minute by specific measures to fight against incest.
Two and a half years after the entry into force of the Schiappa law against sexual and gender-based violence, the text examined at first reading was carried by the centrist president of the women's rights delegation Annick Billon.
Read also: Incest: thousands of Internet users testify on social networks
For Annick Billon, it is about posing
"a clear societal prohibition"
.
The new offense of sexual crime on a minor would be constituted in the event of sexual penetration, of any nature, committed by an adult on a minor under 13 years of age, when the perpetrator knew or could not ignore the age of the victim.
But the importance taken in recent days in the public debate by the question of incest, highlighted by the Duhamel affair, accused by her daughter-in-law Camille Kouchner of having raped her twin brother when they were adolescents in the 80s, gave a new turn to the text.
The Law Commission voted on Wednesday in favor of an amendment by Senator PS Marie-Pierre de La Gontrie aimed at strengthening the sanction incurred for incestuous sexual assault on a minor, which would be punished by
"10 years and 150,000 euros d 'fine'
.
To fight against the “omerta” which most often surrounds these family matters, the senators also adopted in committee an amendment by rapporteur Marie Mercier (LR) which extends the limitation period for the offense of not reporting ill-treatment, assault or sexual abuse inflicted on a minor.
From six years today, this period would be increased to ten years, counting from the majority of the victim, in the event of an offense and to 20 years in the event of a crime.
The Senate, dominated by the right-wing opposition, could with these provisions, take a step ahead of the presidential majority which is considering a hardening of the law against incest.
Christophe Castaner, president of the LREM group in the National Assembly, estimated Tuesday that it will be necessary
"if necessary to give the criminal qualification to this crime"
.
Sunday is the first lady, Brigitte Macron who called her
"greeting"
judicial reform fight against incest.
The Minister of Health Olivier Véran said Tuesday on France Inter to be
"completely on the position of Brigitte Macron"
.
Read also: What is the legal framework for incest in France?
Camille Kouchner's book has revived the debate on incest, a deeply taboo subject and still minimized while it would be massive in France with nearly one in ten people potentially affected.
A hashtag #Metooinceste has since Saturday generated hundreds of testimonials on Twitter.
From a government source, Emmanuel Macron told the Council of Ministers on Wednesday that the release of speech is extremely important.
And the Minister of Justice Eric Dupond-Moretti could make announcements in the Senate, in particular in this direction.
The text examined by the upper house also strengthens the protection of young people from 13 to 15 years old, while the age threshold at 13 years old is considered insufficient by the associations for the protection of children who push for this limit to be fixed at 15 years.
The question of prescription is another delicate point.
The text aligns the statute of limitations for sexual crimes against minors of 13 years with that of rape, or 30 years from the age of majority of the victim.
Annick Billon will propose in the hemicycle to lengthen it to 40 years
"to open the debate"
, but the committee issued an opinion unfavorable to this lengthening.
On the other hand, she supported amendments by the environmental senator Esther Benbassa and Marie-Pierre de La Gontrie so that the new sexual crime on minors covers all oral-genital acts.
