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Consent of minors: towards the end of an ambiguity

2021-03-15T19:58:27.187Z


The National Assembly begins examining the text aimed at protecting children from sexual crimes. "Things must now be clear: we do not touch the children." The Minister of Justice, Eric Dupond-Moretti, launched Monday afternoon the examination in the National Assembly of a bill aimed at "protecting young minors from sexual crimes". The flagship measure of this text sets the threshold for “non-consent” at 15 years for minors who are victims of sexual acts by adults, even if these acts were not


"Things must now be clear: we do not touch the children."

The Minister of Justice, Eric Dupond-Moretti, launched Monday afternoon the examination in the National Assembly of a bill aimed at "protecting young minors from sexual crimes".

The flagship measure of this text sets the threshold for “non-consent” at 15 years for minors who are victims of sexual acts by adults, even if these acts were not imposed by violence.

This threshold is raised to 18 years for incestuous acts.

Nearly 300 amendments were tabled on the text, already adopted in the Senate but largely revised in the law committee.

It could be definitively adopted in the spring.

Read also:

Sexual violence against minors: these allegations with devastating effects

This

“culture change”

is jointly defended by Adrien Taquet, Secretary of State in charge of Children and Families.

“Much more than before, we listen to the victims, we believe them.

But on the penal level, we must go further ”

, he insisted while a wave of denunciation on sexual violence against minors and incest has surged since the publication of Camille Kouchner's book -

La familia grande

.

The "Romeo and Juliet" clause

“Shame has changed sides.

In the past, a number of these facts were hidden.

The cultural revolution is that we talk about these things ”

, launched Éric Dupond-Moretti in the morning, while he was visiting with Adrien Taquet the Center de victimologie pour mineurs (CVM) of the Hôtel-Dieu. , in Paris.

The doctors, nurses or psychologists of this center, nestled within the medico-legal unit for children and adolescents victims of sexual violence, are in the front row to take the measure of this evolution of the law.

“This is a law that we have been waiting for a long time.

Before, there was still an ambiguity.

There, we can say that a child is a victim and that's it!

Imposing a clear prohibition will allow children to be better heard by the whole of the social body ”,

greets Dr. Caroline Rey-Salmon, pediatrician and forensic scientist of the medico-judicial unit of Hôtel-Dieu.

Each year, between 180 and 200 minor victims of incest or sexual violence are examined there, including very young children under 5 years old,

"with significant behavioral problems and who do not even have the words to express what happened to them, ”

she describes.

"It's a change of language, of culture, and we hope that it will allow a real culture of prevention"

, also judges Mélanie Dupont, psychologist and president of the association of the CVM.

Read also:

Sexual violence against minors: Calliope, a method to help free the speech of child victims

The Minister of Justice also defended with these professionals the addition of a “Romeo and Juliet” clause in the text, an exception which aims to protect adolescent love affairs.

According to this provision, the penalties provided for by the text only apply if the age difference between the adult and the minor (under 15 years of age) is at least five years, unless the relationship is not consented.

“I do not want to be the censor of the sexuality of our teenagers

, explained the minister.

It is not a puritanical, moralizing law.

It aims to better protect children. ”

The addition of this age gap

"weakens the protection of 13-14 year olds"

because it again raises the question of consent, however criticize child protection associations and some deputies.

A reservation that Dr. Caroline Rey-Salmon does not share:

“There is a civil age but also an age of development.

A girl may have finished puberty at 14 and have an 18-year-old lover.

These adolescents should not be sentenced because of a law that is inappropriate for their situation. ”

It is

"particularly important"

to no longer speak of consent in cases of incest, underlines for her part Patricia Vasseur, pediatric nurse at the UMJ of the Hôtel-Dieu.

“It's a real step forward.

Often incest begins little by little.

The parent conditions the child through words and actions.

Children who have been through this situation are then unable to say when it started, what day they were raped and why they did not say no, she

explains.

The authors take the opportunity to claim that it was a reciprocal relationship. "

The issue of preventing sexual violence was also at the center of these discussions.

Adrien Taquet has confirmed the setting up of two prevention meetings at school from the start of the next school year and the psychological care of child victims.

Source: lefigaro

All news articles on 2021-03-15

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