At a time when the fight against sexual violence is finally intensifying and when speech is free, it is important to be able to understand the different legal definitions, in order to be able to speak out and defend oneself against such violence. Here is our lexicon to better defend yourself.
An Ifop survey revealed that during their lifetime, eight in ten French women have been confronted with sexual assault or assault in the street or on public transport.
It can range from touching to rape.
This staggering figure is undoubtedly even below the reality, because of the multiple difficulties encountered by victims in filing a complaint: fear of the gaze of those around them, of society, and cumbersome procedures. It is also complicated to find proof, when in French law on this point, the burden of proof is on the person who accuses, because of the presumption of innocence.
In the event of a sexual assault, it is important to remember that it is always the aggressor's fault: the victim has nothing to be ashamed of.
A sexual assault is not necessarily a violent act: a calm refusal, or a lack of explicit and free consent, does not justify a sexual act.
Being able to put words into actions you have suffered is knowing how to defend yourself afterwards.
The penalties are graded according to the facts, the vulnerability and the age of the victim.
The difference between sexual assault and sexual assault
Sexual offenses against minors are severely punished. It is in fact considered that a minor cannot freely consent to sexual acts with adults.
Sexual assault refers to acts committed by an adult on a minor under the age of 15. This therefore covers “any behavior related to sexual activity (with or without penetration) adopted by an adult against a minor under the age of 15, without there being violence, coercion, threat or surprise. ”, According to the official definition.
If you witness such a situation, or if you are in such a situation, know that sexual assault is punishable by law. Sexual assault committed on a minor victim under the age of 15 is punished by 7 years in prison and a fine of € 100,000.
The different types of sexual assault:
To talk about a sexual assault, there has to be contact between the perpetrator and the victim.
Sexual assault covers acts of a sexual nature committed without clear and explicit consent on a minor or adult, which can range from touching to rape.
In the absence of penetration, the facts of a sexual nature concern touching, caresses of the penis, buttocks, thighs, chest. Ultimately, if these parts of your body are touched intentionally without your consent, it is sexual assault.
If there is unwanted penetration, it is rape. Rape is a crime.
The International Criminal Court defines it as follows: “1. The perpetrator has taken possession of a person's body in such a way that there has been penetration, even superficial, of a part of the body of the victim or of the victim. perpetrator by a sexual organ, or from the anus or vagina of the victim by an object or any part of the body. 2. The act was committed by force or by using against the said person or a third person the threat of force or coercion, for example, threats of violence, coercion, detention, pressure psychological, abuse of power, or through a coercive environment, or by taking advantage of the inability of the said person to give his free consent. "
Rape is therefore an unwanted sexual interaction. It seems important to remember that in the majority of cases, the perpetrator and the victim know each other. This was revealed in numerous surveys, as well as the I knew hashtag.
The perpetrator of a rape risks in principle 15 years in prison, but many aggravating circumstances are foreseen.
There are also offenses where there is no contact between the perpetrator and the victim, but which are also punishable by law.
Sexual proposals, whatever their content, made by an adult to a minor under 15, via the internet (on a chat, a social network …) are punished by 2 years of imprisonment and 30,000. € fine.
The corruption of a minor, which consists for an adult in imposing (possibly via the internet) on a minor, even over 15 years of age, words, acts, scenes or images likely to push him to sexual depravity is punished by 5 years in prison and a € 75,000 fine. The penalties increase if this is done in a school setting or on government premises.
Sexual harassment is characterized by the repeated imposition on a person of statements or behavior with a sexual or sexist connotation, which undermines his dignity because of their degrading or humiliating nature, or creates against him intimidating, hostile or offensive situation. This harassment is punishable by 2 years in prison and a fine of 30,000 euros, with even heavier penalties if the perpetrator has authority over the victim.
What to do in the event of sexual violence?
The first thing to remember is that when it comes to sexuality, you must always ensure the free and informed consent of the person opposite.
When this consent has been overridden, and if you recognize yourself in any of the situations described above, you may find help.
If you can, talk to someone you trust. It is also possible to ask a trusted professional: a doctor, a teacher, etc.
- You can also turn to an association; the most important at national level are listed here
For young women who have questions in their relationships, it is possible to chat with the association En Avant Tout (s): https://enavanttoutes.fr/
For legal advice, it is possible to contact the Women's Foundation, which offers legal aid.
- the numbers to contact for help: 17 for the police; the 14 for the firefighters. It is possible to write by text to 114. In addition to these emergency numbers, the number for listening and information against violence is 3919
Thank you very much to Yael Mellul for his proofreading!