On Thursday April 15, Parliament adopted a law strengthening the protection of minors against sexual violence, notably setting a threshold for non-consent at 15 years, and 18 years in the event of incest. The text, originally emanating from the Senate, was adopted unanimously by the National Assembly (94 votes for, none against) during a final reading, thus validating it on behalf of Parliament.
“We do not touch the children”, attacked the Keeper of the Seals, Eric Dupond-Moretti who recalled that with this law “No adult aggressor can rely on the consent of a minor” under 15 years old. This text constitutes “A historic step”, he added, nearly three years after the Schiappa law, which had already stepped up the fight against sexual and gender-based violence.
“Under 15, that’s no”
The text had the support of the government, which was committed to changing the law in the wake of the collective awareness caused by the release of Camille Kouchner’s book. La Familia grande (Threshold). In this book, she relates the incest that her twin brother allegedly suffered as a teenager.
The law adopted Thursday acts the creation of an age threshold, set at 15 years, below which any act of sexual penetration committed by an adult will automatically be considered as rape, a crime punishable by twenty years of imprisonment. The same goes for incest, if it is committed on a minor under the age of 18 by a person in the family circle, but also a cohabiting partner or a PACS partner. “Under 15, that’s no. Incest is no ”, summarized the rapporteur of the text at the Palais-Bourbon, the deputy Alexandra Louis (La République en Marche, LRM).
The text, which touches on complex legal concepts relating to freedoms, consent or prescription, has been the subject of delicate arbitrations. A provision, nicknamed “Romeo and Juliet”, was drawn up to avoid penalizing “Teenage loves” freely consented.
No criminalization of “adolescent love affairs”
This clause provides that the penalties only apply if “The age difference between the adult and the minor [de moins de 15 ans] is at least five years’. The criminalization of “Teenage loves” legitimate “Would be madness”, estimates Mme 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-LRM) proposed a reduced gap to four years, “To take into account the fact that a 13 year old child never has the necessary discernment” to accept sex with an 18-year-old.
“Young adults do not benefit from a blank check”, pleaded Mr. Dupond-Moretti, recalling that this clause is only valid for the relationships granted, not those “Falling under repression”, such as prostitution or assault.
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, that the thirty-year limitation period for rape of a minor be extended if the same person subsequently rapes another child. “The victims are no longer alone, we hear them”, argued the Minister of Justice.