Schiappa law: associations and professionals from childhood do not fade

Child protection organizations and professionals say that they are "unanimously disappointed" on Sunday by denouncing the law against sexual and gender-based violence, a "status quo" in the protection of minors and accusing the government of attacking them.

In a forum published on the Journal du Dimanche website, victim organizations, feminist figures such as Caroline De Haas or Florence Montreynaud, or psychiatrist Muriel Salmona express their "immense anger" about not having "an age limit for children protecting against rape" in this text was announced at the beginning of August.

A law that disappoints

"The Schiappa law will not protect the children better," write the 55 signatories, noting that in two recent cases of 11-year-old girls, the law was considered to be in agreement with sexual relations with adult men.

For them, the "problem remains unchanged" because "this law is the quasi-status quo in the field of child protection in France, a sector that is completely at half-mast ".

"Not only does this law unanimously disapprove all professionals or experts in the field of child protection, the hope of which was great, but in addition the Secretary of State and its supporters have the assumption to attack us in reason for legitimate and honest critics "they add.

No suspicion of non-consent

The law of State Secretary Marlène Schiappa aims to strengthen the repression of rape and sexual abuse of minors. It adds the clarification that "when (these) facts are committed to a minor of 15 years", "the moral limitation or surprise is characterized by abuse of the vulnerability of the victim who does not have the discernment necessary for these acts ".

This formulation, which is intended to help judges in establishing rape, is far from the original intention to introduce a "presumption of non-consent". This implied that every penetration of a minor under the age of 15 was automatically considered rape.

Convinced that such automation is likely to be rejected by the Constitutional Council, the executive power eventually abandoned the idea, which has prompted repeated public criticism from numerous associations or parliamentarians and alternative proposals.

For the signatories of the tribune, "it would be enough to establish an age threshold in the Penal Code under which every sexual act with penetration by an adult on a child would be a crime".

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