In the light of criticism of the law against sexual and gender-based violence, in particular with regard to the protection of minors, 84 deputies and senators LREM defend a "law of progress" in a forum on Sunday newspaper.
The grievances focused on Article 2. The signatories, first of all Alexandra Louis, rapporteur of the text in the Assembly, respond to another forum of associations and child protection professionals, who denounced a "status quo" in the protection of minors in the previous delivery of the JDD. "We do not regret and understand this position", say the parliamentarians, who list all the measures that they consider a "law of progress": extension of the limitation period of rape for minors, sanctions against "digital incursions" of which children are victims , stricter sentences for domestic violence in the presence of minors, etc …
Elected officials regret that critics of the law "raise virtually none of these measures, but focus their grievances on Article 2 of the Act" on sexual abuse of minors. The article states that when the facts are committed to "a minor of fifteen years", "the moral limitation or the surprise is characterized by abuse of the vulnerability of the victim who does not have the discernment necessary for these acts". This wording is far from the original intention of introducing a "presumption of non-consent", in which every penetration of a minor under the age of 15 was considered a rape.
A dissonant voice in another stand. LREM MPs recall that this proposal was "not retained" because it included a "real risk of unconstitutionality". And basically, they believe that & sus; & # 39; suspect & # 39; do not impede the debate about the existence of a limitation or surprise (…), since the appropriate suspicion must be reversed & # 39 ;. According to them, "the debates surrounding this suspicion seem to reflect a certain mistrust of the judge who retains a margin of discretion".
But in the majority, not everyone is on the same line. "As a woman, mother and chosen ones, I am ashamed!" Nathalie Elimas, a Modem MP who defended amendments in favor of a presumption of coercion, Parisian. She dedicates her text to Sarah, an 11-year-old schoolgirl whose sexual relationship with a 28-year-old man was initially described as sexual abuse, as the prosecutor thought the girl who was the adolescent consented. Finally, a judicial investigation into rape was opened.
For the member, the French law "Sarah made a double victim", "victim of his executioner" and "victim of lawmakers, who were able to protect the children of their aggressors". According to her, "the meeting failed" to adopt "a text at the height of the deployment". She warns in her platform that she "will seize all possible opportunities and why the reform of justice will not get any further".