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France to reassess child sex laws after controversial cases | France to reassess child sex laws after controversial cases |
(35 minutes later) | |
France is to consider a change to its laws around sexual consent, according to the minister for gender equality. | France is to consider a change to its laws around sexual consent, according to the minister for gender equality. |
Marlene Schiappa said the government was considering setting a fixed age below which sex was automatically a serious offence. | Marlene Schiappa said the government was considering setting a fixed age below which sex was automatically a serious offence. |
It comes after two cases where men were acquitted of raping two 11 year old girls. | It comes after two cases where men were acquitted of raping two 11 year old girls. |
In France the age of consent is 15, but prosecutors still have to prove sex was non-consensual to prove rape. | In France the age of consent is 15, but prosecutors still have to prove sex was non-consensual to prove rape. |
In an interview with French television programme BFM Politique, Ms Schiappa said that as a member of the government she "could not react to court decisions", but was looking at measures where "below a certain age...that there is no debate on the sexual consent of the child". | In an interview with French television programme BFM Politique, Ms Schiappa said that as a member of the government she "could not react to court decisions", but was looking at measures where "below a certain age...that there is no debate on the sexual consent of the child". |
Despite its age of consent, France currently does not have any law which defines sex with someone below a fixed age as rape. | Despite its age of consent, France currently does not have any law which defines sex with someone below a fixed age as rape. |
Currently in France if there is no violence or coercion proved, people may only be charged with sexual abuse of a minor and not rape - this has a maximum sentence of five years in prison and a fine of €75,000 (£66,000; $87,000). | Currently in France if there is no violence or coercion proved, people may only be charged with sexual abuse of a minor and not rape - this has a maximum sentence of five years in prison and a fine of €75,000 (£66,000; $87,000). |
This is the same sentence as for sexual assault of non-minors, but punishments for rape have much harsher sentences. | This is the same sentence as for sexual assault of non-minors, but punishments for rape have much harsher sentences. |
Ms Schiappa said her government was debating a defined age for irrefutable non-consent, between 13 and 15, as part of a new anti-sexism and sexual violence bill to be introduced in 2018. | Ms Schiappa said her government was debating a defined age for irrefutable non-consent, between 13 and 15, as part of a new anti-sexism and sexual violence bill to be introduced in 2018. |
What were the cases? | What were the cases? |
A public prosecutor said on Saturday that a 30-year-old man had been acquitted of rape after having sex with an 11-year-old girl in Seine-et-Marne in 2009 when he was 22. | A public prosecutor said on Saturday that a 30-year-old man had been acquitted of rape after having sex with an 11-year-old girl in Seine-et-Marne in 2009 when he was 22. |
The girl's family reportedly only found out about the incident after the girl became pregnant. That child is now seven and is reportedly in foster care. | The girl's family reportedly only found out about the incident after the girl became pregnant. That child is now seven and is reportedly in foster care. |
Local reports said the man's defence was that the girl had lied about her age to him. Because there was no evidence of "threat or violence" a criminal court ruled that the man could not be charged with raping her. | Local reports said the man's defence was that the girl had lied about her age to him. Because there was no evidence of "threat or violence" a criminal court ruled that the man could not be charged with raping her. |
It closely resembles a case in September which also prompted calls to change the law. | It closely resembles a case in September which also prompted calls to change the law. |
A 28-year-old man was acquitted when he was tried for having sex with an 11-year-old girl from Val-d'Oise, north of Paris. She reportedly followed the man home from a park, but prosecutors said there had been "no violence, no constraint, no threat, and no surprise" to constitute a rape charge - the court therefore ruled she had consented. | A 28-year-old man was acquitted when he was tried for having sex with an 11-year-old girl from Val-d'Oise, north of Paris. She reportedly followed the man home from a park, but prosecutors said there had been "no violence, no constraint, no threat, and no surprise" to constitute a rape charge - the court therefore ruled she had consented. |
How does French law compare with elsewhere? | How does French law compare with elsewhere? |
Age limits vary around the world, and exist to protect people who are not yet legally or emotionally competent to consent to sexual intercourse. | |
There is no official global limit, but the age tends be about 16, and the UN's Human Rights body encourages countries to protect children from sexual exploitation. | There is no official global limit, but the age tends be about 16, and the UN's Human Rights body encourages countries to protect children from sexual exploitation. |
In the US, the age of sexual consent varies by state but is between 16 and 18 years old. There are however "close in age exemptions" (so-called Romeo and Juliet laws) to allow for small age gaps in consenting sexual relationships, to protect people from being labelled as sex offenders where one party is slightly underage. | In the US, the age of sexual consent varies by state but is between 16 and 18 years old. There are however "close in age exemptions" (so-called Romeo and Juliet laws) to allow for small age gaps in consenting sexual relationships, to protect people from being labelled as sex offenders where one party is slightly underage. |
However, because of some legal loopholes, people below these ages still get married. An estimated 200,000 minors were married in the United States from 2000 to 2015. | However, because of some legal loopholes, people below these ages still get married. An estimated 200,000 minors were married in the United States from 2000 to 2015. |
Child marriage and laws that require people to marry their rapists can circumvent legal age consent limitations in national laws. | Child marriage and laws that require people to marry their rapists can circumvent legal age consent limitations in national laws. |
In the UK the age of sexual consent is 16, but children under the age of 13 have additional legal protections that declare they can never consent to sexual activity. | In the UK the age of sexual consent is 16, but children under the age of 13 have additional legal protections that declare they can never consent to sexual activity. |
Other European countries like Germany and Portugal have a lower age of consent at 14. | Other European countries like Germany and Portugal have a lower age of consent at 14. |