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Sexual violence against minors: prescription, age threshold, incest ... the government's avenues

2021-02-09T21:13:08.394Z


A "sliding prescription" for serial pedophiles would be introduced and an age threshold set at 15 years would prevent any debate on the


"We must adapt our law to better protect children who are victims of incest and sexual violence", urged President Macron on January 23, asking the Minister of Justice, Eric Dupond-Moretti, and the Secretary of State in charge of Childhood, Adrien Taquet, “to conduct a consultation which should quickly lead to proposals.

" That's done.

After the emotion aroused by the Olivier Duhamel affair and the #Metooinceste movement, and while several bills are underway in Parliament, the executive intends to keep control of this hot topic.

This Tuesday, Adrien Taquet on Europe 1, then Éric Dupond-Moretti on France 2, who have heard from a number of child protection associations in recent weeks, unveiled the government's tracks.

Prescription, age threshold, specificity of incest: three axes emerge.

"The prescription of the last victim"

As for the limitation period, that is to say the period beyond which it is impossible to prosecute the facts, increased to 30 years after the majority of a minor victim in the event of rape since the Schiappa law of 2018, the government is considering a "prescription slippery ”.

The idea is "to ensure equal protection for all victims of the same perpetrator", explained Adrien Taquet.

To prevent, for example, as in the Joël Le Scouarnec case, that certain “old” victims are faced with the prescription, “the prescription of the last victim” would apply to all.

"The imprescriptibility reserved for crimes against humanity" would remain so, said Eric Dupond-Moretti.

But he is preparing a circular so that "all the prosecutors open an investigation even if the facts are prescribed" - as did the Paris prosecutor's office for the Matzneff and Duhamel cases.

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On the age threshold, "any act of sexual penetration performed by an adult on a minor under the age of 15 will be rape", announced the Minister of Justice.

There is therefore no longer any question, for an author, of claiming that his victim was consenting, nor of questioning the criteria of "threat, violence, constraint or surprise".

In order to avoid the objections formulated in 2018 by the Constitutional Council, two exceptions would be provided for: an age gap (to be defined) would be set between the perpetrator and the victim.

And the perpetrator's knowledge of the age of the victim must be demonstrated.

Finally, on the issue of incest, "we are still working on it, there is no consensus between the associations," notes Éric Dupond-Moretti.

Some would like "a specific offense", others "believe that we must continue to talk about rape," said Adrien Taquet.

The only certainty, as expressed by the Minister of Justice: “Society is leading us to change the law.

"

Source: leparis

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