National Assembly, illustration. – Jacques Witt / SIPA
The Parliament adopted this Thursday a law against sexual violence against minors, opening a “historic step” in this fight, in particular by setting the consent threshold at 15 years, and 18 years in case of incest.
“We do not touch the children”, and with this law “no adult aggressor can rely on the consent of a minor” under 15 years, said Minister of Justice Eric Dupond-Moretti. This text constitutes “a historic step”, he added, almost three years after the Schiappa law which had already reinforced the repression.
The bill originally emanating from the Senate was adopted unanimously – 94 votes in favor, none against – by the National Assembly during a final reading, in identical terms to those of the upper house. It is therefore validated on behalf of Parliament.
A context marked by many cases
“Under 15, that’s no. Incest is no ”, summarized the rapporteur of the text at the Palais Bourbon, the deputy Alexandra Louis (LREM). Isabelle Florennes (MoDem) welcomed the adoption of a “protective and dissuasive legal framework” to “help victims to repair themselves”.
In a climate marked by booming business and a decline in the taboo that often surrounds these acts, parliamentarians and the government were committed to toughening the legislation as quickly as possible. Cases like that of political scientist Olivier Duhamel, accused of sexual assault on a teenage son-in-law – he admitted the facts to the police on Tuesday – have brought this delicate subject back to the forefront. Pedophile scandals at school, in the Church or in sports, incest, prostitution of minors or child pornography on the Internet testify to the extent of the problem.
“The victims are no longer alone, we hear them”, argued the Minister of Justice. The text, which touches on complex legal concepts relating to freedoms, consent or prescription, has been the subject of delicate arbitrations.
A “Romeo and Juliet” arrangement
A provision, nicknamed “Romeo and Juliet”, was drawn up to avoid penalizing voluntary “adolescent love affairs”. It provides that the penalties only apply if “the difference in age between the adult and the minor [de moins de 15 ans] is at least five years ”. The criminalization of legitimate “adolescent love affairs” “would be madness,” said rapporteur Alexandra Louis. But this provision has been the subject of heated debate, some elected officials invoking the fears of child protection associations for minors of 13 or 14 years old having relations with a young adult of 18 or 19 years.
Albane Gaillot (not registered, ex-LREM) proposed a gap reduced to four years, “to take into account the fact that a 13-year-old child never has the necessary discernment” to accept sex with a young person of 18 years. “Young adults do not benefit from a blank check”, pleaded Dupond-Moretti, recalling that this clause is only valid for consensual relationships, not those “falling under repression”, such as prostitution or assaults.
More consensual, other provisions of the text increase the penalties for clients using child prostitutes. The “sextortion” – incitement of minors to sexual acts on the Internet – is also in the crosshairs. The law also provides for a mechanism allowing, under certain conditions, the 30-year limitation period for rape of a minor to be extended if the same person subsequently rapes another child. This text from the centrist Senator Annick Billon has been profoundly revised by the government and parliamentarians.