It is the fruit of three years of work. Wishing to continue its work, but uncertain of being maintained by the government, the Incest Commission made 82 recommendations on Friday to protect children against child criminals, in particular raising the question of the imprescriptibility of rape of children.
Systematic identification of vulnerable children, extension of the notion of incest to cousins, psychotrauma care reimbursed for all victims: it details a global public policy against a scourge which, according to the government, affects a child every three minutes.
After collecting some 30,000 testimonies, the Independent Commission on Incest and Sexual Violence Against Children (Ciivise) submits a 730-page report to Secretary of State for Children Charlotte Caubel, in which it dissects the mechanism of this violence.
They are “a massive public order and public health problem, which destroys and annihilates a multitude of children. The consequences for society are considerable and child criminals extremely dangerous,” explains its co-president, children’s judge Edouard Durand.
160,000 child victims each year
While 160,000 children are victims of sexual violence each year, according to Ciivise, the question must be asked systematically to each child, by the school nurse or doctor, and during an “annual screening and prevention appointment on its well-being and development.
It calls for widespread detection of sexual violence in certain situations: teenage pregnancies, hospitalization of children and adolescents following a suicide attempt.
While 70% of complaints for sexual violence against children are dismissed, Ciivise wants to improve judicial treatment.
The child must be brought to safety immediately. Modeled on protection orders for battered women, Ciivise recommends a child safety order (OSE) that could be triggered by the judge “in the event of probable incest”. “The legal process is long, we must protect the child immediately, ensure that he is no longer available to the attacker,” explains Ernestine Ronai, member of the Ciivise.
Reflection on “imprescriptibility”
La Ciivise opens up reflection on the “imprescriptibility” of the crime, without linking it to its seriousness but to its specificity: revealing incest often takes decades. “We must not confront children with a day beyond which they cannot seek justice,” said Judge Durand.
This imprescriptibility of rape of minors exists in Sweden, Norway, Belgium and Canada, according to the report. To help victims “repair” themselves, Ciivise recommends a course of specialized psychotrauma care financed by health insurance. They help reduce the after-effects: risky behavior, addictions, psychological problems, etc.
Finally, she asks to continue her mission, while the government remains unclear about its future beyond December 31.
Uncertain future
Senators, deputies, celebrities and feminist and child protection associations have been calling on President Emmanuel Macron since June to maintain it. Some fear seeing Judge Durand who played her sidelined.
The government assures that the “momentum” it has given “will continue”, without committing to the sustainability of the body. It was launched in January 2021 by Emmanuel Macron to respond to the avalanche of testimonies under the hashtag #MeTooIncest sparked by the book The Great Family by Camille Kouchner, who revealed the incest committed by her stepfather Olivier Duhamel on the author’s brother.
During the 26 public meetings that she organized across France, “a real social movement was created with these people who stood up in the midst of strangers, and sat back down much stronger”, estimates Laurent Boyet, member of the Civic.
In recent months, numerous works in cinema, television and literature have analyzed incest that has long been taboo, like Sad Tiger, the story of Neige Sinno crowned with the Prix Fémina.
“La Ciivise responds to a vital need for recognition for each victim and through the multitude of these testimonies, it fights against denial in an unprecedented way. It would be insane to claim that three years would be enough,” says Judge Durand, who will present the report to the public on Monday at the Maison de la Radio in Paris.