Should there be an age to consent to an incestuous relationship?
This is the debate opened by Secretary of State for Children Adrien Taquet in an interview with AFP on Thursday January 5.
The Secretary of State estimated that the threshold of 18, established by the very recent Billon law, should be reviewed: "
Whatever the age, one does not have sexual relations with his father, his son, or his daughter
, ”he said.
Read also What the first 6,200 testimonies received by the commission on incest reveal
As a reminder, the law published on April 21, 2021 set at 15 years the age below which a child is considered not to consent to a sexual act with an adult.
Any sexual act committed by an adult on a minor under the age of 15 is therefore automatically considered to be rape and is punishable by 20 years in prison.
In the event of incest, this consent threshold is raised to 18 years.
According to the Penal Code, the act is qualified as incestuous when it is committed:
By an ascendant, that is to say a parent from whom someone is born by birth at all levels of inheritance.
By a brother, sister, uncle, aunt, great-uncle, great-aunt, nephew or niece.
By the spouses or partners of one of the persons mentioned above.
For the latter category, legal or de facto authority of the person over the child victim must be proven.
For example, imagine that a 17-year-old girl has a relationship with her aunt's partner.
If the authority of ...
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