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Minors, sexuality and consent in criminal law

Par : Type de matériel : TexteTexteLangue : français Détails de publication : 2022. Ressources en ligne : Abrégé : Until Law 2021-478 of 21 April 2021 came into force, the positive law on sexual offences against minors considered the ages of the victim and the perpetrator, the nature of the sexual acts in question, the means employed, the relationship between the minor and the accused, and the consequences of the violence or threats used. All acts of a sexual nature committed by an adult on a minor under the age of fifteen were formerly criminalised either as rape or sexual assault, which imply the “forcing of consent”, or as indecent assault (atteinte sexuelle), where consent is irrelevant. The intention to protect fifteen-year-old minors from sexual activity initiated by an adult was clearly asserted, especially since the Law of 3 August 2018 had simplified the establishment of coercion. Following a heated and legally vague debate in the media, lawmakers, while retaining the earlier positive law, created the new offences of rape and sexual assault without coercion, threat, violence or surprise. Without taking the time reflect on these demands for sometimes radical change in a detached and multi-disciplinary manner, lawmakers have made the law more complex and uncertain.
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Until Law 2021-478 of 21 April 2021 came into force, the positive law on sexual offences against minors considered the ages of the victim and the perpetrator, the nature of the sexual acts in question, the means employed, the relationship between the minor and the accused, and the consequences of the violence or threats used. All acts of a sexual nature committed by an adult on a minor under the age of fifteen were formerly criminalised either as rape or sexual assault, which imply the “forcing of consent”, or as indecent assault (atteinte sexuelle), where consent is irrelevant. The intention to protect fifteen-year-old minors from sexual activity initiated by an adult was clearly asserted, especially since the Law of 3 August 2018 had simplified the establishment of coercion. Following a heated and legally vague debate in the media, lawmakers, while retaining the earlier positive law, created the new offences of rape and sexual assault without coercion, threat, violence or surprise. Without taking the time reflect on these demands for sometimes radical change in a detached and multi-disciplinary manner, lawmakers have made the law more complex and uncertain.

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