After the senators on January 21, the deputies in turn voted in first reading, on the night of Monday March 15 to Tuesday March 16, a bill to fight against sexual violence against minors and against incest. After a quick examination, the text was adopted unanimously after one day (against three initially planned) by the 67 deputies present in the Chamber. The next stage of discussions is scheduled for March 25, with the second reading review of the text in the Senate, before final adoption which could take place before the summer.
Supported by 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, 208 p., 18 €), where she relates the incest that her twin brother allegedly suffered in adolescence, the text acts on 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 rape, a crime punishable by twenty years’ imprisonment. An independent offense of sexual assault on a 15-year-old minor is also created.
“Before 15 years old, that’s no”, summed up the Minister of Justice, Eric Dupont-Moretti, according to whom “No adult will be able to rely on the consent of a child under the age of 15” after the adoption of this text, a “Major breakthrough”. Evoking for its part “A historic turning point in the protection of minors”, its rapporteur, the deputy of Bouches-du-Rhône Alexandra Louis (The Republic on the move), welcomed the work “Which are part of the continuity of the law on gender-based and sexual violence”, voted in the summer of 2018. At the time, the creation of such a threshold had been discussed and then abandoned, under the threat of unconstitutionality.
“Romeo and Juliet clause”
During the debates on Monday evening, the rapporteur and the government, who united on the main provisions, repeatedly called on deputies to ” prudence ” to avoid this pitfall. And it is in the name of the principle of reality, that of existence “Adolescent loves”, that they have defended that sanctions only apply if “The age difference between adults and minors under 15 is at least five years”, unless the relationship is not consensual. A “Romeo and Juliet clause” contested by child protection associations, who see it as a de facto weakening of the protection of 13-14 year olds in favor of that of young adults. In these situations, the consent of the victim will always have to be questioned to qualify the facts of rape, they are indignant.
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