Violence against minors: MEPs validate the age of non-consent at 15

The deputies set Monday, March 15 at 15 years the age below which a child is considered non-consenting for a sexual act with an adult, the main provision of a text aimed at strengthening the protection of minors against sexual assault and crimes .

This

“age of non-consent”

was adopted on the first day of the debates at first reading in the National Assembly of this bill.

To read also: Rape of a minor: the government corses the law

Article 1 of the text qualifies as rape

"any act of sexual penetration, of any nature whatsoever, or any oral-genital act committed by an adult on the person of a minor"

under

"fifteen years"

.

"Thus no adult can take advantage of the consent of a minor"

below this age, said Minister of Justice Eric Dupond-Moretti.

According to him the message is

"clear"

:

"we do not touch the children"

.

This age threshold is raised to 18 years in the event of

"incest"

, a term that the deputies have decided, for the sake of naming the facts bluntly, to add to the initial formula of

"incestuous rape"

.

This provision, accompanied by a twenty-year prison sentence, was the subject of a broad consensus in the hemicycle.

"Romeo and Juliet" clause

On the other hand, the debates were more difficult around the gap of at least five years required between the minor and the adult, in order to preserve

“adolescent love affairs”

.

The so-called “Romeo and Juliet” clause aims not to criminalize freely consented relationships between a teenager and a young adult.

Several deputies, including in the majority, asked for the abandonment of this clause, or the reduction of the age gap.

"I do not think that when you are thirteen and are solicited by older people, you have all the necessary discernment

,

"

said Florence Provendier (LREM).

To read also: Adrien Taquet: "I am going to launch the States General of the fight against violence against children"

Éric Dupond-Moretti responded with another example:

"I do not want to send a child of 18 and a day to the Assizes one day because he has a consensual relationship with a girl of 14 and a half"

.

The rapporteur Alexandra Louis (LREM) argued that

"if there is no age difference, we will consider rape of agreed loves"

and the text then risks

"not passing the filter of the Constitutional Council "

.

The deputies finally chose to validate this age difference of five years.

As part of the fight against cyber-child pornography, they also adopted an amendment punishing ten years in prison and a fine of 150,000 euros for anyone inciting minors under the age of fifteen to engage in sexual acts on the Internet (" sextortion ”).

The debates are scheduled until Wednesday.

The government hopes to complete the legislative process by the spring.