Violences sexuelles entre mineurs : âge et consentement au cœur du débat judiciaire

Sexual abuses over minors by other minors come to be more and more important in French court justice. However, today its penal treatment becomes an important issue to know if it’s an infringement and being able to establish the difference between a sexual game and an offence. The penal law doesn’t p...

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Bibliographic Details
Published inSociétés et jeunesses en difficulte Vol. 21
Main Author Marie Romero
Format Journal Article
LanguageEnglish
Published Ecole Nationale de Protection Judiciaire de la Jeunesse
Subjects
age and age gaps
child sexual abuses
consent
minority
sexual offenses
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Summary:Sexual abuses over minors by other minors come to be more and more important in French court justice. However, today its penal treatment becomes an important issue to know if it’s an infringement and being able to establish the difference between a sexual game and an offence. The penal law doesn’t punish a sexual act between minors when committed without violence, constraint, threat or surprise. The French lawmaker had not included the question of age and age gaps to establish moral constraint in sexual offenses committed by minors over other minors. The article is based on 22 legal cases in two French children’s courts in 2010. It analyses how the criminal law is applied to incriminate sexual abuses over minors by other minors. The article highlights that judges refer to different items where criteria of age and age gaps prevail over others element. Thus, gaps age between minors constitute a decisive issue in the penal qualification.
ISSN:1953-8375