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France sets age of sexual consent at 15 in ‘historic step’

France's parliament adopted legislation on Thursday setting the minimum age of sexual consent at 15.

France sets age of sexual consent at 15 in 'historic step'
Photo: Ludovic Marin/AFP

The Assemblée nationale gave the legislation unanimous final approval following a wave of allegations of sexual abuse and incest described as France’s second #MeToo movement.

Sex with children under 15 is to be considered rape, punishable by up to 20 years in prison, unless there is a small age gap between the two partners.

The move brings France in line with most other Western countries following years of campaigning by abuse victims.

In cases of incest, the age of consent will be 18.

“We do not touch children,” Justice Minister Eric Dupond-Moretti said.

“No adult aggressor will be able to rely on the consent of a minor” under 15, he added, calling it a “historic step.”

Under previous French law, prosecutors had to prove that a minor was forced, threatened or tricked into having sex with an adult in order to bring charges of rape or sexual assault. if this could not be proved only the charge of sexual relations with a minor, which carries much lower penalties, was available.

The new law was initiated by members of the Senate, who had suggested the age of consent be set at 13, which would have been one of the lowest in Europe.

But President Emmanuel Macron’s government pushed for it to be set higher.

The legislation does allow for sex between a teen and a young adult up to five years older – the so-called ‘Romeo and Juliet clause’ was criticised by some MPs as too large but which Dupond-Moretti has defended.

The justice minister has said he did not want “to put a youngster aged 18 on trial because he had consensual sex with a girl aged fourteen-and-a-half.”

The bill was the subject of some 300 amendments in the lower house National Assembly.

The issue of consent has repeatedly come up for debate since 2018 when it emerged that a 28-year-old man, who had sex with an 11-year-old girl he met in a park, had initially been charged with a lesser sexual offence, not rape.

The case caused a public outcry in France. The issue of child sexual abuse also exploded on to the front pages in France in January after the daughter of former foreign minister Bernard Kouchner published a book accusing her step-father, prominent political commentator Olivier Duhamel, of having abused her twin brother as a child.

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POLITICS

French PM announces ‘crackdown’ on teen school violence

French Prime Minister Gabriel Attal on Thursday announced measures to crack down on teenage violence in and around schools, as the government seeks to reclaim ground on security from the far-right two months ahead of European elections.

French PM announces 'crackdown' on teen school violence

France has in recent weeks been shaken by a series of attacks on schoolchildren by their peers, in particularly the fatal beating earlier this month of Shemseddine, 15, outside Paris.

The far-right Rassemblement National (RN) party has accused Attal of not doing enough on security as the anti-immigration party soars ahead of the government coalition in polls for the June 9th election.

READ ALSO Is violence really increasing in French schools?

Speaking in Viry-Chatillon, the town where Shemseddine was killed, Attal condemned the “addiction of some of our adolescents to violence”, calling for “a real surge of authority… to curb violence”.

“There are twice as many adolescents involved in assault cases, four times more in drug trafficking, and seven times more in armed robberies than in the general population,” he said.

Measures will include expanding compulsory school attendance to all the days of the week from 8am to 6pm for children of collège age (11 to 15).

“In the day the place to be is at school, to work and to learn,” said Attal, who was also marking 100 days in office since being appointed in January by President Emmanuel Macron to turn round the government’s fortunes.

Parents needed to take more responsibility, said Attal, warning that particularly disruptive children would have sanctions marked on their final grades.

OPINION: No, France is not suffering an unprecedented wave of violence

Promoting an old-fashioned back-to-basics approach to school authority, he said “You break something – you repair it. You make a mess – you clear it up. And if you disobey – we teach you respect.”

Attal also floated the possibility of children in exceptional cases being denied the right to special treatment on account of their minority in legal cases.

Thus 16-year-olds could be forced to immediately appear in court after violations “like adults”, he said. In France, the age of majority is 18, in accordance with the UN Convention on the Rights of the Child.

Macron and Attal face an uphill struggle to reverse the tide ahead of the European elections. Current polls point to the risk of a major debacle that would overshadow the rest of the president’s second mandate up to 2027.

A poll this week by Ifop-Fiducial showed the RN on 32.5 percent with the government coalition way behind on 18 percent.

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