Philippe Duport receives today David Curiel, criminal lawyer at the Paris bar, specializing in issues of sexual assault.
franceinfo: What is sexual assault, what are the elements that constitute it?
David Curiel: A sexual assault is a sexual assault. That is to say, it takes physical contact with the victim. And not necessarily with a part having a sexual connotation, but it can be deduced from the context, that is to say on any other part of the body.
And for there to be rape, what does it take?
There must be an act of sexual penetration, and since the law of April 21, 2021, there is also any oral act.
How is the absence of consent judged?
It is characterized by four elements: threat, verbal for example; violence, physical or moral; the constraint ; and surprise. For example, a victim in an alcoholic state, we will surprise his consent, or an unconscious victim.
What evidence must the victim provide?
The question of proof is very delicate in sexual violence. Often it is word against word, especially when no DNA has been found, or when there is no confession from the perpetrator.
It is then up to the victim to pre-constitute his evidence. For example, a text message received from the aggressor which would say: “I apologize for what happened yesterday”, medical certificates if there was violence, statements from witnesses, to whom the victim told the facts and who tell the same version. It can also be a psychological follow-up, because the victim has had a real impact.
Do we have the right to a medical examination when we file a complaint?
Yes of course, nowadays it happens all the time. On requisition, after filing a complaint, we go to see the medico-judicial units, and we have a gynecological examination, a physical examination, if there has been violence and, very often today, a psychological examination, to assess trauma and psychological impact.
What is the time limit beyond which one can no longer file a complaint for sexual assault?
A distinction must be made between adult and minor victims. For an adult victim, in the event of sexual assault, a complaint can be filed within six years. For a rape, within 20 years. For minor victims, the statute of limitations for a sexual assault is between 10 and 15 years, depending on whether the victim is more or less than 15 years old.
And for a rape, you have 30 years to file a complaint, not from the day of the facts, but from the age of majority. Concretely, if a person has been the victim of rape during his minority, he can file a complaint until he is 48 years old.
Beyond these deadlines, nothing more can be done?
In recent years, there have been investigations which have nevertheless been opened, to check whether the case is well prescribed, and whether there could not have been other victims.
What are the penalties for sexual assault?
For a simple sexual assault, it’s five years with a fine. It can go up to 10 years, if there are aggravating circumstances such as the victim’s minority or violence.
Can the victim be compensated?
Of course, she can claim compensation. There is a whole series of damage items, for example moral damage, loss of professional earnings, if the person has not been able to work for a certain time because of this trauma.
We can ask for compensation, even if the perpetrator of the attack has not been found. In France, there are guarantee funds where, if the offense is established and the perpetrator has not been found, one can request compensation.