"Yes, that would pose a real ban" Michel Martzloff, Secretary General of the Association l'Enfant Bleu
12 years in Spain, 16 years in Switzerland: in these countries, the presumption of non consent to a sexual relation is fixed, according to age, by law. France is late! To enshrine in law that sexual intercourse, regardless of the circumstances, with a person under the age of 15, is considered rape would be a true prohibition. The Criminal Code must include a presumption of absence of consent, in order to avoid the victim of minors having to prove coercion, threat, violence or surprise. It would therefore be for the accused to prove his innocence while preserving the judge's discretion.
“Rather, we need to improve the collection of evidence”: Katia Dubreuil, President of the Syndicat de la magistrature
There is no "legal vacuum": the Criminal Code punishes any sexual act committed on a minor under the age of 15, without the need to demonstrate coercion. For rape, it must be proven that the sexual relationship was imposed by violence, coercion, threat or surprise. To enshrine in law that any relationship with a minor, 13 or 15 years old, would automatically be rape, would be to deny the difference in gravity of acts committed with or without coercion. Above all, this project would fix a truth contrary to reality: is there a consensus on an age below which a minor can never consent? Rather, we ask to improve the collection of evidence.
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