From Daily Mail: France is to set a minimum legal age for sexual consent for the first time – just weeks after two courts cleared grown men of rape after they had sex with 11-year-olds.
Justice Minister Nicole Belloubet told French radio that the age of 13 was a ‘limit that is worth considering’ for the upcoming legislation. But she noted that judges should also have the ability to assess whether someone was old enough to give consent in individual situations.
It comes after French courts refused on two occasions recently to prosecute grown men for rape after they had sex with 11-year-olds because authorities couldn’t prove coercion.
It is already illegal in France to have sex with under 15s, but rape charges can only be brought if prosecutors can prove the act was non-consensual.
Amid public horror, the government is now drafting a bill to say sex with children under a certain age is by definition coercive. Feminist groups plan a protest Tuesday to argue the age should be set at 15.
The age is just one piece of an upcoming bill on sexual violence and harassment. The bill has gained importance amid worldwide concern unleashed by the allegations against Harvey Weinstein.
‘The question of the age below which the minor’s consent is presumed not to exist is crucial, because there are obviously extremely shocking and unacceptable situations,’ Belloubet said.
One of her colleagues in the French government has said that a minimum age for sexual consent has not been set for the bill. Marlene Schiappa, a junior minister for gender equality, said Sunday that the cutoff could be between the ages of 13 and 15.
‘Below a certain age, it is considered that there can be no debate on the sexual consent of a child, and that any child below a certain age would automatically be considered to be raped or sexually assaulted,’ Schiappa said on BFM TV.
Two recent court cases have heightened the debate over who is old enough to consent to sex under French law.
A jury last week acquitted a 30-year-old man who was accused of raping an 11-year-old girl in 2009, French media reported. The jury in the Paris suburb region of Seine-et-Marne found that while there had been a sexual relationship between the girl and the man, it did not constitute rape according to the legal definition of the crime in France. The girl’s parents reportedly found out about what had happened when their daughter became pregnant.
French media also have reported that the prosecutor’s office in the city of Pontoise near Paris decided in September that a 28-year-old man suspected of having sex with an 11-year-old girl should be tried for sexual abuse instead of rape because of how French law defines rape.
French law defines rape as any act of sexual penetration committed on others ‘by violence, coercion, threat or surprise.’ The definition does not distinguish between adults and minors for either the victims or perpetrators, although the potential criminal penalty is higher when victims are under 15.
A minimum age of sexual consent does not currently exist in French law. The law only says that an adult who performs a sexual act with a person under the age of 15 ‘without violence, coercion, threat or surprise’ can be prosecuted for ‘sexual abuse,’ not rape.
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