National Assembly, illustration.

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Jacques Witt / SIPA

After the Senate, it is the turn of the National Assembly to look in turn, this Monday, on the means of strengthening the protection of minors in the face of sexual violence including incest, which several cases have put forward. Of actuality.

A bill emanating from the Senate, which they have already profoundly revised at the initiative of the government during work in committee, will be examined by the deputies from 4 p.m. on first reading.

This sensitive subject, on which all the political groups want to move forward, is on the agenda until Wednesday, with nearly 300 amendments.

"Free speech"

The text "aimed at protecting young minors from sexual crimes" - its official title - could lead to new legislation in the spring, once the parliamentary process is completed.

Its flagship measure is the setting of a threshold of non-consent at 15 years.

Emmanuel Macron promised at the beginning of the year "to act", in a context of strong repercussions in the opinion of cases of abuse or rape on minors.

The testimonies which flow under the hashtag "#Metooinceste" reflect the decline of taboos.

Acts also denounced by Camille Kouchner in his book “La familia grande”, implicating his stepfather, the political scientist Olivier Duhamel, for sexual assault on his twin, “Victor”.

"The liberation of the word of the victims obliges us" and it is necessary "to affirm in a clear way that one does not touch the children", insists the Minister of Justice Eric Dupond-Moretti.

If the objective is clear, the text is legally complex and the executive seeks to avoid censorship of the Constitutional Council on certain points of law.

The age of non-consent is set at 15, even if the act is not accompanied by any coercion or threat.

Thus, below this age, “no adult will be able to avail himself of the consent” of a minor, underlines the Keeper of the Seals.

This threshold is raised to 18 years for acts qualified as “incestuous”.

The penalties are 20 years of criminal imprisonment, whether or not it is incest.

Extended prescription in the event of a recurrence

The bill also concerns sexual “assaults” and “attacks” on minors, so as to cover all of these acts.

But it is also a question of not blaming the 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 (under 15 years) is at least five years".

However, this clause does not apply if a rape or assault is actually committed.

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 bill, initiated in the Senate by centrist Annick Billon, was unanimously adopted in January by the upper house, then thoroughly revised by the deputies in committee, on the basis in particular of government amendments.

Several points of contention

The main change concerns the age of non-consent, which senators envisioned at 13.

The objective of strengthening the law is supported on all banks.

Socialist Isabelle Santiago called, like many other elected officials, to "draw the consequences of the inadequacies of our legislation".

The debates should however focus on certain modalities: creation of an “autonomous offense” for incest instead of speaking of “incestuous rape”, addition of an offense of “sextortion” (incitement of a minor to sexual acts on the internet ), increased penalization of non-reporting of acts involving minors, etc.

There is also no consensus on the age gap of at least five years for sanctioning.

Some deputies would like a shorter period, or believe like Antoine Savignat (LR) that it can open the way to "confusion".

Another bill against sexual violence, emanating from the PS deputies and voted unanimously by the Assembly in February, was de facto shelved.

The government believes that that of the senators will allow a result in the law more quickly.

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