The deputies validated on the night of March 15 to 16, 2021 a threshold of sexual non-consent at 15 years. The associations still denounce shortcomings in the protection of children.
The law to better protect minors from sexual violence was passed unanimously at first reading on the night of March 15 to 16, 2021, with the desire to send a clear message: we do not touch children. Once the parliamentary process is completed, it could be put in place in the spring of 2021. What would this new law bring?
An age threshold below which the child is considered automatically non-consenting. This threshold is set at 15 years, 18 in the case of incest. "Thus no adult can rely on the consent of a minor" below this age said Eric Dupond-Moretti. The prescribed sentence is 20 years' imprisonment for the rapes. A clause, known as Romeo and Juliet, wants to avoid criminalizing love affairs between young people who are less than 5 years apart. It is in particular this clause that the associations for the protection of children oppose. Thus the association "Facing incest" is outraged by the fact that "the age gap of more than 5 years weakens 13-14 year olds" and "even the safety net of sexual assault is called into question with amendment 270". Indeed, 13-year-olds remain vulnerable to 18-year-olds, who can pressure to obtain false consent. It also does not severely tackle the problem of child prostitution. In addition, the sexual assault regime automatically criminalizes sexual relations with a minor under the age of 15. Finally, the definition of incest is denounced by Face à L’Inceste as deconstructed, reduced to people "in authority" ".
"Our legislator is not up to the task"
However, the association points out on Twitter the possible flaws: "In cases of incest in practice "the authority of law or of fact" will serve to re-establish a notion of "coercion" or "non-consent" which does not speak its name. Incestuous brothers and uncles will have a great time arguing that they were not in a position of authority! " What the associations want is for the 15-year threshold to be clear and indisputable.
This is what Pascal Cussigh, of the Collectif pour l'Enfance, sums up on Twitter: "Drastic restriction of the field of incest, no protection of ALL minors under 15 years old by the age gap condition, illegible system with 5 possible qualifications in the event of aggression on a 15-year-old: our legislator is not up to the stakes! "