“We don’t touch the children. “ The deputies unanimously followed this injunction formulated during the debates by the Keeper of the Seals, Eric Dupond-Moretti. The National Assembly voted on first reading, on the night of Monday March 15 to Tuesday March 16, a text strengthening the protection of minors against sexual violence.
In particular, it set at 15 years the age below which a child is considered non-consenting for a sexual act with an adult, a threshold raised to 18 years in the event of incest. The vote was acquired shortly after midnight by 67 votes in favor and none against. Despite some 300 amendments, the adoption of this text, the objective of which was widely shared on all benches, was faster than initially expected by the agenda of the National Assembly, which had it on its agenda. Until wednesday.
Article 1 of the text qualifies as rape “Any act of sexual penetration, of any nature whatsoever, or any oral-genital act committed by an adult on the person of a minor” under 15 years old.
“Thus no adult can take advantage of the consent of a minor” below this age of non-consent, said Justice Minister Eric Dupond-Moretti. The penalty is twenty years’ imprisonment for rape, whether incestuous or not.
The bill, largely rewritten by way of amendments by the government and its majority in the Palais-Bourbon, will now pass back to the Senate, from which it originally emanates. All the political groups had in advance expressed their desire to move forward on this sensitive subject, already addressed in the “Schiappa” law of 2018. Emmanuel Macron had promised at the beginning of the year to” to act “, in a context of strong repercussions in the opinion of cases of abuse or rape on minors.
Debates around the “Romeo and Juliet” clause
The testimonies which flow under the hashtag #metooinceste translate the liberation of the word on a subject long considered as taboo. Acts also denounced by Camille Kouchner in his book La Familia grande, implicating his stepfather, the political scientist Olivier Duhamel, for sexual assaults on the twin brother of the author.
In addition to sexual crimes such as rape, the bill concerns assault and sexual assault on minors, so as to cover all acts. But the text also wants to avoid incriminating legitimate links forged between adolescence and the beginning of adulthood. A clause, nicknamed ” Romeo and Juliet “, thus 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”, estimated the rapporteur of the text, Alexandra Louis (La République en Marche, LRM, Bouches-du-Rhône). However, this clause does not apply if a rape or assault is actually committed. Despite everything, there was a lively debate on this point. “I don’t think that when you are 13 years old and are solicited by older people, you have all the necessary discernment”, estimated Florence Provendier (LRM, Hauts-de-Seine).
M. Dupond-Moretti replied with another example: “I don’t want to send an 18-year-old kid back to court one day because he has a consensual relationship with a 14-and-a-half-year-old kid. “
The text also proposes that the thirty-year limitation period for rape of a minor be extended if the same person subsequently rapes another child.
The prostitution of minors sanctioned more heavily
The prostitution of minors is also in the sights of the deputies, who adopted by way of amendment an increase in penalties both for pimps and for people having a paid sex with a child.
New provisions also concern the fight against “Sextortion”, which consists of inciting minors to engage in sexual practices on the Internet.
The objective of strengthening the mechanism for the protection of minors was largely acquired. Socialist Isabelle Santiago (Val-de-Marne) called for “Draw the consequences of the inadequacies of our legislation”. The Republicans group “Will obviously support this text”, declared the deputy Antoine Savignat (Val-d’Oise), even if he wanted to ” clarify “ some points.
The Secretary of State for Children, Adrien Taquet, recalled that in parallel with the law, screening and prevention actions would be intensified, in particular through the school, in order to “Better identify and support” young victims.
The bill, launched in the Senate by centrist Annick Billon (Vendée), was unanimously adopted in January by the Upper Chamber at first reading, then thoroughly revised by the deputies in committee, on the basis in particular of government amendments.
Its final adoption is expected in the spring, the government having expressed its desire to see its provisions become operational as soon as possible.