“I thought I was dealing with perpetrators of sexist outrage, but I found myself dealing with pimps, perpetrators of domestic violence and perpetrators of cyberbullying. Jean-Michel Taliercio is perplexed. For two years, the president of the association In the Gender Equals organizes courses to combat sexism and raise awareness of equality between women and men, at the request of the prison integration and probation service (SPIP) of Seine-Saint-Denis. “I have a lot of questions about these internships,” he continues. Even today, I find it difficult to understand their interest. »
On the first floor of the Audacious City, a meeting place for the main feminist associations in Paris, her team prepares the content of the courses. “It’s difficult to offer relevant workshops when the people taking the courses are perpetrators of different crimes,” he regrets. Especially since they can be used both in addition to punishment and as an alternative to prosecution.
The establishment of these internships, by the former Secretary of State responsible for equality between women and men Marlène Schiappa, accompanies the creation of the offense of sexist contempt. Designed to reduce street harassment, the offense is part of the “great cause of the previous five-year term”, the fight against violence against women. But five years after their establishment, the government still has no tools to measure the effectiveness of these internships.
“Some think they no longer have gender bias”
“These workshops help to put the gesture into perspective, and to say that it does not matter if, in the end, it was not the right one”, declares Georges *, referring to his ex-wife, who has initiated divorce proceedings after his conviction for domestic violence. “Short courses can be counter-productive, especially if they are compulsory,” warns Christian Brouder, research director at the CNRS. When repeated and varied enough, they end up having a positive effect. Otherwise, they can reinforce a feeling of impunity. “As they have undergone training, some think that they no longer have sexist biases,” he continues. But when we test them, we realize that nothing has changed. »
“I have an anecdote revealing the effectiveness of these courses,” says Anne Bouillon, a lawyer specializing in women’s rights and domestic violence. I attended a hearing where a defendant was appearing for a recurrence of domestic violence. At one point, the president [de l’audience] asks him what he learned during this internship. “Lots of stuff!”, replies the defendant. “Like what ?” asks the president. “I don’t know anymore…” “Without a proactive approach during the workshops, “everything that is taught slips like water off a duck’s feathers”, assures the lawyer.
” IThe content of the courses is free »
However, these courses are increasingly used. In 2021, out of 164 convictions pronounced for sexist insult, 138 were accompanied by an obligation to perform one of these internships. That is more than double than the previous year. The same year, nineteen people followed him as an alternative to prosecution. This awareness-raising tool is intended for anyone who has tried “to impose on a person any statement or behavior with a sexual or sexist connotation that undermines their dignity […], or create an intimidating situation against him”. A “catch-all” characterization, according to Jean-Michel Taliercio, which would reduce the effectiveness of the internships.
“For the judges to correctly assign the detainees, they should be able to know the exact content of the internships”, estimates Mégane Le Provôt, trainer at Dans le Genre Égales. But “their content is free” assures Lucile Vankemmel, former investigator of the Lille judicial control and investigation service. Some associations organize them over three days, others over ten hours. And all these internships have the same legal value. “The associations must respect specifications”, nuance a director of a penitentiary service of insertion and probation (SPIP), ensuring “that there is of course a control of the effectiveness. »
Asked about this on several occasions, the Secretary of State responsible for equality between women and men, Isabelle Rome, did not respond to 20 minutes. An evaluation reportdrafted in 2018 at the request of its predecessor, nevertheless establishes that “the penalties of training in matters [de lutte contre les violences sexistes et sexuelles] are an excellent tool in the fight against recidivism. All the actors who have been heard agree on the interest of proposing this type of penalty in addition. »
“A criminal escalation that solves nothing”
“But what is the balance sheet [du dispositif] existing ? “Asks Elisa Martin, MP LFI and signatory of an amendment opposing the hardening of the repression of sexist insult. It would seem that there is no investigation into the effectiveness of the internships, nor into recidivism. “Or else, the results are not communicated to us, and it is not for lack of having asked for them”, insists Jean-Michel Taliercio. The Ministry of Justice as well as the Ministerial Statistical Service for Homeland Security (SSMSI) also confirm “not having any data” on the subject.
For the elected rebellious, the creation of these internships against sexism is “a criminal escalation that solves nothing”. Also an element underlined by the Council of State considering that “the content of the citizenship course, which may already be subject to persons guilty of insults on the grounds of sex, […] may well be suitable” for perpetrators of sexist contempt.
“These new offences, a little gadget on the edges, compete with already existing offences”, regrets Elisa Martin. Street harassment can already be punished by the offense of public insult, which provides for one year’s imprisonment and a fine of 45,000 euros. A much higher penalty than that punishing the offense of sexist insult. And this, even after the tripling of the fine provided for by there LOPMI law. The adoption of this law last December, however, intended to send a strong signal against street harassment.
*Name has been changed