What does the law say about the limitation period for the alleged acts?

The actress filed a complaint against the two directors Benoît Jacquot and Jacques Doillon for “rape of a minor” for facts dating back to the end of the 80s.

She speaks of it as a “wolf who disguised himself as grandmother in Little Red Riding Hood“. In an interview given to France Inter on Thursday, February 8, Judith Godrèche reiterated her accusations against Benoît Jacquot and the abuse of which she explains having been victim at the hands of the director, aged 39 during their meeting in 1986, while the actress had just turned 14.

After filing a complaint on Tuesday with the Minors Protection Brigade, the prosecution opened an investigation into the offenses of rape of a minor under 15 by a person in authority, rape, violence by a partner and sexual assault on a minor over 15 years by person with authority, for facts which extend from 1986 to 1992.

The actress also filed a complaint for rape of a minor against another director, Jacques Doillon, for events that occurred during the filming of The 15 year old girl, released in 1989. Judith Godrèche tells in particular how “all of a sudden he decides there’s a love scene, a sex scene between him and me (…) I take off my sweater, I’m shirtless, he gropes me, makes out with me.”. Both Benoît Jacquot and Jacques Doillon deny these accusations. In both cases, the facts denounced seem prescribed.

Rules tightened since the 80s

Today, for an accusation of rape of a minor, the limitation period provided for by law for sexual crimes, that is to say the period during which the victim can take legal action, had been extended by the law of August 3, 2018 at 30 years old instead of 20. Unlike complaints for rape against an adult, this period does not begin on the date of the offense but rather from the victim’s majority.

Thus, as indicated on the service-public.fr site, “the victim can file a complaint until the age of 48 (age of majority + 30-year limitation period)“. If this rule is in force today, the law specifies that “the 30-year limitation period does not apply to offenses prescribed before August 6, 2018“. In the case of Judith Godrèche, the actress being now 51 years old and the facts occurring before 2018, the accusations seem more likely to fall within the limitation periods of the penal code established before 1994.

The “rolling statute of limitations” in the event of a new victim

On the other hand, the limitation period can be extended since the passing of the law on April 21, 2021, thanks to “rolling limitation”. In the case of rape or sexual assault of a minor, “if the author (…) commits a new rape or a new sexual assault or sexual assault on another minor, before the limitation period has expired. In this case, the limitation period for the initial rape is extended until the limitation date for the new offense“. In other words, in the event of a new offense or sexual crime during the limitation period, the first victim can benefit from the time granted to the second.