Sexual offenses against minors

Verified 27 April 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

A minor victim of sexual violence (commonly referred to as sexual abuse) is subject to special protection. He can call on specialized services and file a complaint on his own. The law provides that such attacks are punished more severely when they involve minors and extends the time for prosecution of the perpetrator(s). Those who are aware of this type of incident should report it.

The situation differs depending on whether the victim is older than under 15 years or 15 to 18 years.

Under 15

The law punishes the following acts of a sexual nature:

  • Sexual proposal, whatever its content, made by an adult to a minor under the age of 15 years, via internet (on a cat, a social network,...)
  • Minor bribery, where an adult imposes on a minor (possibly via the Internet) comments, acts, scenes or images that may lead him or her to adopt a degrading sexual attitude or behavior (e.g. having sexual relations in front of a minor)
  • Sexual assault, which is a non-penetrative sexual act, committed by violence, coercion (against one's will), threats, or surprise (touching)
  • Sexual assault, which refers to any conduct related to sexual activity (with or without penetration) adopted by a major against a minor under the age of 15 without violence, coercion, threats or surprise
  • Rape (act of sexual or oral penetration committed by violence, coercion, threat or surprise)
  • Sextortion, which involves inciting a minor to transmit or disseminate images or videos in which he or she carries out pornographic acts
  • Use of a minor prostitute

Moral coercion (pressure on a person's will) and surprise (taking a person unprepared) are presumed, i.e., automatically retained.

Since April 21, 2021, sexual assault or rape committed by a parent or family member, but also by a parent's partner (spouse, Civil partnership partner, cohabiting partner), is considered incestuous. It is no longer necessary to check whether the minor had given his consent.

Please note

romantic relationships between teenagers less than 5 years apart are not covered by these provisions. Thus, a relationship between a minor aged 13 and a minor aged 17 will be considered consensual, unless proven otherwise.

Alert the police and gendarmerie by phone

In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.

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By telephone

In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.

You can also contact the 112.

Who shall I contact
Who shall I contact

You can't call

114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.

Who shall I contact

Alert transit agents

If you are a victim or witness to an assault on public transportation, you can contact an officer 24 hours a day, call 3117 or text 31177. You can also download the 3117 app.

Thus, the victim is located more quickly and the triggering of the intervention of the agents is facilitated.

Preserving clues and evidence

It is important to go to the police station or gendarmerie as soon as possible after the assault to allow investigators to make any useful findings. It is important to preserve all clues (fingerprints, DNA traces, etc.) that could be used to identify the perpetrator and to have him convicted in court. Keep clothes worn at the time of the assault and avoid washing.

It may be useful to retrieve the names and contact details of those who may have witnessed the attack.

An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.

Report rape or sexual assault

The minor may to lodge a complaint himself.

His parents or his representatives (guardian, curator, etc.) may also act on his behalf.

Limitation periods

The law provides for longer limitation periods for sexual offenses against minors: the victim who is a minor has a longer period than the normal period for lodging a complaint.

Thus, the victim can file a complaint up to 30 years after the age of majority in the most serious cases:

  • Rape
  • Procuring of minors (i.e. profiting financially from the prostitution of a minor)

FYI  

the 30-year limitation period does not apply to prescribed offenses before 6 august 2018.

Complaints can be filed up to 20 years after the victim's majority in the following cases:

  • Sexual assault
  • Sexual assault with aggravating circumstance (aggression by several perpetrators, threat with weapon,...)

Complaints can be filed up to 10 years after the victim’s majority in other sexual offenses:

  • Sexual proposition
  • Bribery of minors
  • Use of child prostitution

Warning  

in case of dismissal without further action, the public prosecutor must inform the victim indicating the reasons for this decision.

Since April 21, 2021, the limitation period has been extended in cases of non-reporting of sexual assault on minors. It is increased to 10 years for sexual assault and 20 years for rape. In addition, there is a slippery limit: where the perpetrator of the assault subsequently committed further assaults of a character on one or more other minors, the period begins to run from the last offense committed.

Constitution of a civil party

A minor cannot to be a civil party himself, but his parents can do it on his behalf.

One ad hoc administrator may also be designated for this purpose by the courts, when the interests of the minor are threatened by the attitude or failure of his parents or guardians.

The minor may have a lawyer appointed ex officio by the judge.

Recording of the hearing

In order to avoid the trauma associated with the multiplication of hearings, the audio or audiovisual recording of the hearing of a minor victim of a sexual offense is mandatory.

A copy of the record shall be made. It may be viewed or heard only by the parties to the trial, lawyers or experts in the presence of the investigating judge or a registrar.

Please note

the registration and its copies shall be destroyed 5 years after the date of termination of the proceedings.

Presence of a third party at the hearing

The hearing of the minor may be conducted in the presence of a psychologist, a doctor specializing in children, a family member, the ad hoc administrator or any other person entrusted with a mandate from the juvenile judge.

Reporting obligation for third parties

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General case

Any person who has knowledge of sexual abuse of a minor under 15 Years must make a signaling to the authorities.

Non-denunciation is an offense punishable by 3 years of imprisonment and €45,000 of fine.

Third parties subject to professional secrecy

The trader subject to professional secrecy may make a signaling to the authorities of sexual abuse of a minor of which he is aware. But he is not obliged to do so; he must assess himself whether or not he needs to make a report.

However, professionals subject to professional secrecy who participate in child welfare missions are obliged to report when they become aware of sexual abuse of a minor.

In the two cases, the professionals who make the alert cannot be prosecuted for breach of professional secrecy.

A dedicated online service allows you to report any pedophile content on the Internet (website, video...):

Report illegal internet content (internet-reporting: Pharos)

FYI  

the prosecutor informs the competent administration when a teacher or any other public official in contact with children is convicted of a sexual offense. The information shall also be issued if the staff member has been placed under judicial supervision and prohibited from practicing his profession.

Appointment of administrator

The public prosecutor (or the investigating judge) may appoint a ad hoc administrator to protect the minor. This is particularly the case when the parents appear to be perpetrators or accomplices in the sexual abuse.

The administrator is appointed from among the child's relatives or from a list of personalities.

He may exercise, on behalf of the minor, the rights granted to the civil party.

Educational assistance

The children's judge takes the necessary measures to ensure the moral, material and emotional security of the minor.

Medical and psychological assistance

A minor who has been the victim of a sexual offense may be the subject of a medical and psychological examination. It is used to assess the extent of the harm suffered and to determine whether appropriate care is needed.

The medical treatment and care required by the abuse suffered are fully covered by the Health Insurance.

Victim assistance

Several structures can provide you with support as a victim of a sexual offense.

The site Victims' Journey guides you through each step.

Who shall I contact
Who shall I contact
Who shall I contact

You can also hire a lawyer if you want to take legal action.

Who shall I contact

Trial in camera

In the event of a trial, the court may decide that the trial will be held in camera, i.e. not open to the public.

Sentences for sexual offering

Sending sexual proposals to a minor under 15 years via internet (via a cat, a social network...) is punishable by 2 years' imprisonment and €30,000 of fine.

These sentences are increased to 5 years' imprisonment and €75,000 a fine where the proposals have been followed by a meeting.

Penalties for corruption of minors

The minor bribery shall be punished by 5 years' imprisonment and €75,000 of fine.

Corruption of minors carried out via the internet, in a school, or on the premises of the administration shall be punished by 10 years in prison and €100,000 fine if the victim is under 15 years of age.

The minor bribery via internet is punished with 10 years in prison and €1 000 000 fine if the following 2 conditions are met:

  • It is carried out in an organized band
  • The victim is under 15

Sentences for Sexual Assault

Sexual assaults other than rape, committed against a minor under 15 years of age, are punishable by 10 years in prison and €150,000 of fine.

The penalties are more severe, particularly in the following cases:

  • Sexual offense committed by a ascendant (incest) means a person having de jure or de facto authority over the victim or abusing the authority conferred on him by his duties
  • Use of a weapon
  • Offense committed by several persons

In case ofsexual assault following contact between the perpetrator and the victim via the internet, the penalty is 10 years in prison and €150,000 of fine.

In addition, a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

Sentences for sexual assault

Sexual assault on a child victim under 15 years of age is punishable by 7 years in prison and €100,000 of fine.

Sentences are higher (10 years in prison and €150,000 of fines) in the following cases:

  • Sexual assault is committed by a ascendant (incest) or by a person having de jure or de facto authority over the victim, or abusing the authority conferred on him by his duties
  • The sexual assault is committed by several persons (guilty or complicit)
  • Sexual assault is committed by a person who is clearly intoxicated or under the clear influence of narcotics
  • The victim was brought into contact with the aggressor through the use of an electronic communication network for the dissemination of messages to an unspecified audience

L'sexual assault after the author and the victim have been brought into contact via the internet, is punished by 20 years in prison.

In addition, a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

Penalties for sextortion

Sextorision is punishable by 10 years' imprisonment and €150,000 of fine. The fine is increased to EUR 1 million where the offense was committed in an organized group.

Penalties for rape

Rape of a minor under 15 is punishable by 20 years in prison.

The penalty is also higher where there are aggravating circumstances, such as:

  • Sexual offense committed by a ascendant (incest) means a person having de jure or de facto authority over the victim or abusing the authority conferred on him by his duties
  • Use of a weapon
  • Offense committed by several persons

In case of rape with online contact between the perpetrator and the victim, the penalty is 20 years in prison, regardless of the victim's age.

FYI  

a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

People who are victims of sexual violence may be compensated by the Victims Guarantee Fund.

15 to 18 years

The law punishes the following acts of a sexual nature:

  • Minor bribery, where an adult imposes (possibly via the Internet) on a minor, even over the age of 15, comments, acts, scenes or images that may cause him to adopt a degrading sexual attitude or behavior (for example, having sex in front of a minor)
  • Sexual assault, which is a non-penetrative sexual act, committed by violence, coercion (against one's will), threats, or surprise (touching)
  • Rape (act of sexual or oral penetration committed by violence, coercion, threat or surprise)
  • Sextortion, which consists in inciting a minor to transmit or disseminate images or video in which he or she carries out pornographic acts
  • Use of a minor prostitute

As of April 21, 2021, sexual assault or rape committed by a parent or family member, but also by a parent's partner (spouse, Civil partnership partner, cohabiting partner) is considered incestuous. It is no longer necessary to check whether the minor had given his consent.

Please note

romantic relationships between teenagers less than 5 years apart are not covered by these provisions. Thus, a relationship between a minor aged 13 and a minor aged 17 will be considered consensual, unless proven otherwise.

Alert the police and gendarmerie by phone

In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone call, or by SMS, if you are unable to speak.

Répondez aux questions successives et les réponses s’afficheront automatiquement

By telephone

In case of emergency, when a quick intervention is necessary, you can call the emergency police. Dial 17.

You can also contact the 112.

Who shall I contact
Who shall I contact

You can't call

114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.

Who shall I contact

Alert transit agents

If you are a victim or witness to an assault on public transportation, you can contact an officer 24 hours a day, call 3117 or text 31177. You can also download the 3117 app.

Thus, the victim is located more quickly and the triggering of the intervention of the agents is facilitated.

Preserving clues and evidence

It is important to go to the police station or gendarmerie as soon as possible after the assault to allow investigators to make any useful findings. It is important to preserve all clues (fingerprints, DNA traces, etc.) that could be used to identify the perpetrator and to have him convicted in court. Keep clothes worn at the time of the assault and avoid washing.

It may be useful to retrieve the names and contact details of those who may have witnessed the attack.

An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.

Report rape or sexual assault

The minor may to lodge a complaint himself.

His parents or his representatives (guardian, curator,...) can also act on his behalf.

Limitation periods

The law provides for longer limitation periods for sexual offenses against minors: the victim who is a minor has a longer period than the normal period for lodging a complaint.

Thus, the victim can file a complaint up to 30 years after the age of majority in the most serious cases:

  • Rape
  • Child Procuring

FYI  

the 30-year limitation period does not apply to prescribed offenses before 6 august 2018.

Complaints can be filed up to 10 years after the victim’s majority in other cases of sexual offenses:

  • Touching
  • Sexual proposition
  • Bribery of minors
  • Use of child prostitution
  • Sexual assault

In case of no further action, the public prosecutor must inform the victim of this action and give the reasons for it.

Since April 21, 2021, the limitation period has been extended in cases of non-reporting of sexual assault on minors. It is increased to 10 years for sexual assault and 20 years for rape. In addition, there is a slippery limit: where the perpetrator of the assault subsequently committed further assaults of a character on one or more other minors, the period begins to run from the last offense committed.

Constitution of a civil party

A minor cannot to be a civil party he, but his parents can also do it on his behalf.

One ad hoc administrator may also be designated for this purpose by the courts, when the interests of the minor are threatened by the attitude or failure of his parents or guardians.

The minor may have a lawyer appointed ex officio by the judge.

Recording of the hearing

In order to avoid the trauma associated with the multiplication of hearings, the audio or audiovisual recording of the hearing of a minor victim of a sexual offense is mandatory.

A copy of the record shall be made. It may be viewed or heard only by the parties to the trial, lawyers or experts in the presence of the investigating judge or a registrar.

Please note

the recording and its copies shall be destroyed 5 years after the date of termination of the proceedings (i.e. when the time limits for prosecuting the perpetrator have expired).

Presence of a third party at the hearing

The hearing of the minor may be conducted in the presence of a psychologist, a doctor specializing in children, a family member, the ad hoc administrator or any other person entrusted with a mandate from the juvenile judge.

Reporting obligation for third parties

Répondez aux questions successives et les réponses s’afficheront automatiquement

General case

Every person must make a signaling to the authorities of sexual abuse of a minor of which he is aware.

A dedicated online service allows you to report any pedophile content on the Internet (website, video,...):

Report illegal internet content (internet-reporting: Pharos)

FYI  

the prosecutor informs the competent administration when a teacher or any other public official in contact with children is convicted of a sexual offense. The information shall also be issued if the staff member has been placed under judicial supervision and prohibited from practicing his profession.

Third parties subject to professional secrecy

The trader subject to professional secrecy may make a signaling to the authorities of sexual abuse of a minor of which he is aware. But he is not obliged to do so; he must assess himself whether or not he needs to make a report.

However, professionals subject to professional secrecy who participate in child welfare missions are obliged to report when they become aware of sexual abuse of a minor.

In the two cases, the professionals who make the alert cannot be prosecuted for breach of professional secrecy.

Appointment of administrator

The public prosecutor (or the investigating judge) may appoint a ad hoc administrator to protect the minor. This is particularly the case when the parents appear to be perpetrators or accomplices in the sexual abuse.

The administrator is appointed from among the child's relatives or from a list of personalities.

He may exercise, on behalf of the minor, the rights granted to the civil party.

Educational assistance

The children's judge takes the necessary measures to ensure the moral, material and emotional security of the minor.

Medical and psychological assistance

A minor who has been the victim of a sexual offense may be the subject of a medical and psychological examination. It is used to assess the extent of the harm suffered and to determine whether appropriate care is needed.

The medical treatment and care required by the abuse suffered are fully covered by the Health Insurance.

Victim assistance

Several structures can provide you with support as a victim of a sexual offense.

The site Victims' Journey guides you through each step.

Who shall I contact
Who shall I contact
Who shall I contact

You can also hire a lawyer if you want to take legal action.

Who shall I contact

Trial in camera

In the event of a trial, the court may decide that the trial will be held in camera, i.e. not open to the public.

Penalties for corruption of minors

The minor bribery shall be punished by 5 years in prison and €75,000 of fine.

Corruption of minors carried out via the internet, in a school, or on the premises of the administration shall be punished by 7 years' imprisonment and €100,000 fine if the victim is over 15 years of age.

Sentences for Sexual Assault

Sexual assaults other than rape, committed against a minor over 15 years of age, are punishable by 7 years in prison and €75,000 of fine.

The penalties are more severe, particularly in the following cases:

  • Sexual offense committed by a ascendant (incest) means a person having de jure or de facto authority over the victim or abusing the authority conferred on him by his duties
  • Use of a weapon
  • Offense committed by several persons

In case ofsexual assault following contact between the perpetrator and the victim via the internet, the penalty is seven years imprisonment and €100,000 of fine.

In addition, a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

Sentences for sexual assault

The non-violent sexual assault on a victim over 15 years of age is punishable by 3 years in prison and €45,000 a fine where it is committed by one of the following persons:

  • Ascending
  • Person having a de jure or de facto authority over the victim
  • Person abusing the authority conferred on him by his duties

If sexual assault after a contact between the perpetrator and the victim via the internet, she is punished with 20 years in prison.

FYI  

a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

Penalties for sextortion

Sextortion is punishable by 10 years imprisonment and €100,000 of fine.

The fine is increased to EUR 1 million where the acts were committed in an organized group.

Penalties for rape

Rape of a minor over the age of 15 is punishable by 15 years in prison.

The penalty is also higher where there are aggravating circumstances, such as:

  • Sexual offense committed by a ascendant (incest) means a person having de jure or de facto authority over the victim or abusing the authority conferred on him by his duties
  • Use of a weapon
  • Offense committed by several persons

In case of rape with online contact between the perpetrator and the victim, the penalty is 20 years in prison, regardless of the victim's age.

In addition, a sexual offense against a minor committed abroad by a Frenchman or a person habitually living in France is punishable by French law.

People who are victims of sexual violence may be compensated by the Victims Guarantee Fund.

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