the Constitutional Council validates the law aimed at protecting minors

The Constitutional Council validated, on Friday July 21, the law strengthening the protection of minors who are victims of sexual violence, which was adopted in 2021. The “Wise Men” declared the disputed provisions to be constitutional, punishing with twenty years of criminal imprisonment acts of sexual penetration committed by an adult on a minor under the age of 15, when the age difference between them is at least five years.

This incrimination, which does not require that these acts be committed with violence, coercion, threat or surprise, “is not based on a presumption of absence of the victim’s consent”ruled the Constitutional Council. “On the other hand, it is up to the prosecution authorities to provide proof of the whole” constituent elements of the offence, emphasizes the Council.

“Rupture in the fight against denial”

“The balances found with parliamentarians to better protect our children in respect of our rule of law are validated”welcomed on Twitter Justice Minister Eric Dupond-Moretti. “No, we don’t touch children!” It’s a decision “historical”Who “marks a break in the fight against denial”welcomed Judge Edouard Durand, co-president of the Independent Commission on Incest and Sexual Violence Against Children, calling on the legislator to “go further” still in the protection of the victims.

The lawyers Louis Heloun and Antoine Ory, at the origin of the priority question of constitutionality, maintained that by fixing the threshold of consent at 15 years, the new law established a “irrebuttable presumption of guilt” contrary to the presumption of innocence and the rights of defence.

“The law which protects minors from sexual crimes does not accuse, it qualifies the seriousness of an act and in no way affects the presumption of innocence. It says that having a sexual relationship with a child is not an offense but a crime”underlined the senator Annick Billon.