France is starting to realize something needs to change about their sexual consent laws after the rapist of an 11-year-old girl was able to walk free as a Parisian judge concluded there was not enough evidence to conclude this could have not been consensual and let the man, an immigrant from Cape Verde, walk free.
The fifth republic of Napoleon has always been proud of its history when it comes to language, culture and liberal views in matters of society (and thus sex).
For example, the movie ‘Fifty shades of grey’ which is considered R-rated in the US, 18+ in Canada and banned in China, can be seen in France as from the age of 12 (The Netherlands as well).
The French have always taken the view that children should be made aware of sex and sexual relations from a very early age on, but the latest judicial case will probably change that.
The victim’s first name was Justine, and she was raped in a park in Paris 8 years ago by a then 29-year-old immigrant from Cape Verde (a Portuguese protectorate off the coast of Middle Africa)
Under a legal reading of French judiciary, to have sex with someone aged 15 or under is illegal, however, the prosecutor has to prove it is non-consensual as there is, and here is the big argument, no legal minimum age below which it is presumed in law that a child cannot consent. In other words, an 8-year-old could be a consenting child if you were to want to interpret that way.
Equalities Minister Ms. Marlene Schiappa, realizing the caveat in the law, now wants a minimum age for sex set at between 13 and 15-years-old.
Ms. Schappa: “The law will mean that below a certain age, there can be no debate, ever, on the sexual consent of a child, and that any child below a certain age would automatically be considered as raped or sexually assaulted.’”