Sexual violence against minors: 5 minutes to understand the debate around the age of consent

After the outbreak of several cases of sexual violence against minors and the multiplication of testimonies on social networks, the government announced at the beginning of the year, wanting to act "quickly" to change the law on sexual crimes.

"We are in the process of cracking this kind of screed of lead, in particular ideological, which prohibited the words of the victims to be released", underlined, Tuesday, the Minister of Justice, Eric Dupond-Moretti on France 2.

Thus, the executive says it is "in favor" that any act of sexual penetration committed by an adult on a minor under 15 years of age now automatically constitutes a crime, without it being possible to question the consent of the victim. .

A measure demanded for years by child protection associations, but which remains, according to the methods defended by the government, below their expectations.

Decryption.

What will this change?

The government wants to create an age threshold set at 15 years, below which any act of sexual penetration committed by an adult will automatically be considered rape, a crime punishable by twenty years imprisonment.

Today, any sexual act on a minor under the age of 15 is considered a sexual offense, an offense punishable by seven years in prison and a fine of 100,000 euros.

For these facts, the aggressors are tried before a criminal court.

To qualify the facts of rape, in the event of penetration, proof of a constraint, threat, surprise or violence must be provided, which in certain cases leads the magistrate to question the consent of the victim, including a minor.

A question that will no longer have to be.

“Until now, the idea that a 6-year-old child could consent to a sexual act was validated by the Penal Code.

The fact of introducing a specific offense will now put an end to this absurdity, by eliminating all possible discussions on consent, ”explains to the Parisian Pascal Cussigh, lawyer and president of the association Understanding, Defending, Protecting childhood.

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Another change, a legal mechanism, called "sliding prescription" should see the light of day in order to ensure that all victims of the same perpetrator can benefit from a trial.

With the current law, it often happens that only the last victim of the same perpetrator can file a complaint, while "the others are there only as witnesses", because the facts concerning them are prescribed, which is "not bearable. “, Judged Adrien Taquet, Secretary of State for Children and Families.

From now on, "the mechanism of prescription of the last victim will apply to all the victims of the same author and this will allow them to benefit from a trial", he added.

Thus, it is enough that the facts are not prescribed for only one of the victims so that all can obtain a trial.

To adopt these new provisions, the government intends to act "very quickly": the text approved by the law committee, Wednesday evening, must arrive at first reading in the hemicycle on February 18.

What answer for incest victims?

Under current law, incest is not considered a specific offense.

However, it is qualified as an aggravating circumstance in cases of rape or sexual assault, with twenty years of criminal imprisonment, instead of fifteen for rape.

The soon-to-be-debated text now provides for a 30-year prison sentence when the crime is committed against a minor by an ascendant, a brother, a sister, an uncle, an aunt, a nephew or a niece, a spouse or cohabiting partner.

A measure that does not go far enough, according to the association president: "We were hoping for the creation of a threshold at 18 years old in order again to protect minors from any discussion about their alleged consent".

What exceptions are there?

For the correct application of the text, it will be necessary that "one can demonstrate that the author knew the age of the victim", specified Eric Dupont-Moretti.

Finally, the bill provides for the introduction of an exception in the event that the two protagonists have a small difference in age.

"The 17 and a half year old young man who has a relationship with a 14 and a half year old girl cannot become a criminal when he is 18 and one day," said the Minister of Justice.

The government thus wishes to introduce "an age gap of 5 years".

A measure deemed "cynical" by Pascal Cussigh who according to him, "voids the strong and clear ban that the government had to introduce."

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“With this exception, we totally minimize the attacks committed by young adults by allowing them to believe that it is not rape.

However, we see a lot of rape in meetings committed by young adults on victims of 13 or 14 years ... ", indicates the lawyer.

According to him, the exception would even have a perverse effect: that of lowering in certain cases, the age of consent ... to 13 years.

"If the aggressor is 18 years old and we consider that a gap of 5 years is tolerable, the real threshold below which we consider that the report can only be a rape is ... 13 years", deplores the 'lawyer.

Why was the age of 13 initially mentioned?

If the government today sets the age of sexual consent at 15, some elected officials, like Senator Annick Billon, initially leaned for 13 years, the age of criminal responsibility for minors.

"Knowing how to discern right from wrong is one thing possible at 13, but showing sexual maturity is another", defends the association president who has "always campaigned" for a threshold of 15 years.

In addition to associations, many public figures, such as host Flavie Flament or actress Alexandra Lamy, had mobilized in this direction on social networks by posting a photo of them at 13 or 14 years old with the hashtag # before 15 years old NO.

I am 13 years old.

I have a head to consent to a sexual relationship ?!

# avant15anscestNON and 18 years old in case of incest or handicap situation.

Gentlemen of the Senate your duty is to protect the children @Senat @EmmanuelMacron @AdrienTaquet @memoiretrauma @AndreaBescond pic.twitter.com/G63NdbIGRM

- Alexandra Lamy (@Alexandra_Lamy) January 23, 2021

What about abroad?

Like France, all European countries have an age of sexual majority in their Penal Code.

About fifteen countries, including Germany, Italy and Portugal, have set this threshold at 14 years old and at least as many have chosen on the contrary, like Spain or England, to raise it to 16 years.

With an age of sexual majority at 17, Cyprus and Ireland are exceptions, jute behind Malta and the Vatican, which do not allow any sexual relationship with a person under 18.

“If all the countries have opted for a more or less different age, each has set a perfectly clear non-consent threshold, without exception or age difference.

France should be able to draw inspiration from it… ”, concludes Pascal Cussigh.