The senators will examine Thursday, January 21, 2021 the text aimed at punishing any sexual relationship between an adult and a minor of 13 years or less.

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Jacques Witt / SIPA

  • On the social network Twitter, the keyword "MetooInceste" brought out this weekend the stories of many victims of incest.

  • If “the Duhamel affair” has received little comment from the political class, several texts are currently in preparation or already debated by Parliament to fight against sexual crimes targeting minors.

  • Invited to the TF1 news this Sunday, the First Lady Brigitte Macron called for a "judicial reform" on this subject.

“I was 7, 8, 9”, “I was 5, he was my cousin”.

Throughout the weekend, it is with these words that thousands of Internet users began the story of the incest suffered in their childhood.

Published on the social network Twitter and gathered around the keyword "#MetooInceste", in reference to the feminist movement launched in 2017 to denounce sexual violence, these testimonies are part of the continuity of the shock wave caused by the publication from the book La Familia Grande, by Camille Kouchner, in which she recounts the incest suffered by her twin brother, accusing her stepfather, the constitutionalist Olivier Duhamel.

If, apart from a few resignations, political reactions remained discreet after these revelations, several elected representatives - deputies and senators - wish to modify the legislation to further protect minors from sexual crimes.

Thursday, a bill tabled by the centrist senator Annick Billon must be examined by the upper house.

Already unanimously adopted by the Senate Law Committee, the text wishes to lay down a clear prohibition in the law by criminalizing any sexual relationship between an adult and a minor of 13 years, as soon as the adult is aware of the age of the child. 'child.

Put a clear prohibition

In France, the law already punishes sexual acts (with or without penetration) committed by an adult with a child under 15 years old.

We speak of “sexual assault”, a crime punishable by seven years in prison and a fine of 100,000 euros.

But this is a misdemeanor and not a crime.

For Senator Annick Billon, the criteria defined by law to qualify a rape - that is to say an act of penetration committed by "violence", "coercion", "threat" or "surprise" - must no longer apply. 'apply to minors.

“I believe that the behavior of the victim cannot be questioned.

The capacity of a minor to consent should no longer arise, ”she explains.

Its text therefore proposes to create a new offense and to criminalize any sexual relationship between an adult and a young person of 13 years or less.

A sentence of 20 years in prison could be incurred if the text is adopted as is by the two assemblies, which is far from being the case yet.

Auditioned by the Senate Law Committee, the lawyer and president of the "Freedoms and Human Rights" committee at the National Bar Council (CNB), Laurence Roques, sees this project as an additional risk for minor victims.

Complex debates ahead

According to her, when magistrates are confronted with this type of case, the question of the consent of the minor is very rarely asked.

“With this text, on the other hand, we risk engaging in endless debates on the knowledge - by the major - of the age of the minor.

And since it is a matter of criminal law, the presumption of innocence means that it will be up to the victim to demonstrate that the aggressor knew his age at the time of the facts!

», She analyzes.

A problem also pointed out by his colleague Isabelle Clanet Dit Lamanit, head of the “minors” commission at the Hauts-de-Seine bar.

"Who, among the magistrates of the public prosecutor's office, will want to engage if there is the slightest doubt concerning the knowledge of the minor's age?

We risk ending up with a lot of closed procedures, ”she predicts.

A decision that can be devastating for the victim.

With this new crime, Senator Annick Billon explains, she wants to target cases of intrafamily sexual violence and therefore cases of incest.

How could a brother or a father claim to ignore the age of his sister or daughter?

Think about it a bit: would a law make a mother speak who wants nothing to be known?

There is no such thing as magic law.

https://t.co/O71AFYu4Os

- dominique coujard (@domcoujard) January 17, 2021

A legislative "mille-feuille"

The other grievance raised by the lawyers concerns the “stacking” effect of the laws.

Laurence Roques asks: “What is the need to create a new offense when there is already a complete legal arsenal?

The law was already amended in 2018 by extending the limitation periods for sexual crimes against minors.

Let's already try to measure the effects of this law!

".

A legal "mille-feuille" with which the lawyer Rodolphe Costantino, who represents the association "Childhood and Sharing", is regularly confronted.

“Everything relating to sexual offenses against minors has become illegible.

With each new case, we have to go back to the applicable texts and it is sometimes tedious as there are so many of them, ”he testifies.

"In reality, what is lacking today in these cases are the resources allocated and the training of professionals to collect the words of these minors", points out Laurence Roques.

The #PPLBillon and #PPLSantiago start out with good intentions, but they are not sufficiently successful.



We are at a crossroads on the subject of #incest.

More than proposals, I want to bring a new angle for #victims.

I will soon file a #PPL.

pic.twitter.com/LZI54RJ8dT

- Alexandra Louis (@ ALouisDeputee13) January 15, 2021

And this legislative inflation is not about to stop.

Two other elected officials are also working on the subject.

Tabled on January 5 in the National Assembly, the bill of the Socialist deputy of Val-de-Marne, Isabelle Santiago, intends to create two new offenses - one tortious and the other criminal - punishing harsher acts sex between adults and minors, this time aged 15 or under.

On the side of the majority finally, the deputy LREM Alexandra Louis wishes to “re-examine” the legislation and “regroup all the sexual offenses for minors (crimes and misdemeanors) in a new part of the Criminal Code”, she explained to Le Monde on 14 last january.

Parliamentary work which must above all be accompanied by a fundamental societal debate insists the lawyer Laurence Roques: “The law will not solve the problem of padlocked speech.

We must also tackle silence and family omerta ”.

Society

Duhamel affair: Why the word is gradually released on incest

By the Web

Duhamel case: With the hashtag #MeTooInceste, many victims testify on Twitter

  • Incest

  • Rape

  • Justice

  • Law

  • Child protection

  • Child

  • Sexual violence

  • Sexual assault