In France, sexual violence involving children is just as prevalent as anywhere else. It is, however, a taboo subject. In this context, CAMELEON has decided to intervene in France in order to highlight the problem and change people’s mentalities and behavior.

Sexual abuse against children

The World Health Organization (WHO) defines sexual abuse as follows: “Any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic or otherwise directed against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work”. Sexual violence therefore covers acts ranging from verbal harassment to rape, as well as a wide range of forms of coercion ranging from social pressure and intimidation to physical force.

What does the law say?

The law of April 21, 2021 stipulates that for the first time in France an age threshold for non-consent of 15 years (and 18 in the case of incest or disability). The Penal Code thus penalizes the fact, for an adult, to have a sexual relationship with a minor under the age of 15.

These acts will be qualified as rape or sexual assault, without questioning the consent of minors or establishing circumstances of violence, coercion, threat or surprise. A minor under the age of 15 who is a victim of rape can file a complaint up to 30 years after reaching the age of majority (up to 20 years after reaching the age of majority in the case of sexual assault).

In addition, there is a rolling statute of limitations: when the perpetrator of the assault subsequently commits new assaults of a sexual nature on one or more other minors, the time limit begins to run from the last offense committed. Please note, the applicable limitation periods differ for sexual offenses committed before the adoption of the law.

Rape is defined as any act of sexual penetration, of whatever nature, committed on the person of another or on the person of the perpetrator by violence, coercion, threat or surprise.

Sexual assault is defined as sexual assault committed with violence, coercion, threat or surprise without penetration. For minors over 15 years old, it will be necessary to look for elements of violence, coercion, threat or surprise to qualify as rape or sexual assault.