Sexual or gender-based offending
Verified 01 April 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice
Are you a victim of sexist or sexual speech? This may be a gender or sexual offense for which you can file a complaint. Indeed, sexist or sexual offending is punishable by law. Since 1er april 2023, aggravated gender or sexual offending is no longer considered a contraventionbut as a offense.
Definition
Gender-based or sexual outrage is the imposition of a sexual or gender-based statement or behavior that violates a person's dignity or exposes a person to an intimidating, hostile or offensive situation.
Example :
Offensive comments about female gender (sexist outrage)
Sexual offers to a stranger (sexual outrage)
Applicable penalty
Sexist offending is punishable by a fine of €1,500.
Definition
Aggravated sexual or gender-based outrage is any speech or conduct of a sexual or gender nature directed at a person. Such speech or conduct must violate dignity because of its degrading or humiliating nature, or create an intimidating, hostile or offensive situation, and must be committed in any of the following circumstances:
- Contempt by a person who abuses the authority conferred on him by his duties
- Offense against a minor
- Offense against a person whose particular vulnerability due to his age, illness, disability, physical or mental disability or pregnancy is apparent or known to the perpetrator
- Offense against a person who is particularly vulnerable because of his apparent or known dependence on the author, a vulnerability caused by the precariousness of his economic or social situation
- Offense committed by several persons acting as perpetrator or accomplice
- Offense committed in a vehicle used for the collective transport of passengers or for private public transport or in a place intended for access to a means of collective transport of passengers
- Contempt on the basis of the sexual orientation or gender identity, real or perceived, of the victim
- Contempt committed by a person who has already been convicted of the offense of sexual and gender-based contempt and who commits the same offense while being a repeat offender
Example :
Offensive remarks about gender (female or male) directed at a person on the street or in transportation (aggravated sexist outrage)
Sexual offers to strangers on the street or in transit (aggravated sexual insult)
Applicable penalty
Aggravated gender or sexual outrage is offense. He shall be punished by a fine of €3750.
The fine may be accompanied by additional penalties for following a traineeship (e.g. citizenship) or work of general interest.
Contact the police or gendarmerie by telephone
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
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
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
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
Contacting the police or gendarmerie via instant messaging
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.
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
Violence Women Info - 3919
Listen, inform and refer women victims of violence, and witnesses to such violence.
Addresses physical, verbal, or psychological abuse, at home or at work, and abuse of any kind (including sexual harassment, assault, and rape).
Does not deal with emergencies (it is not a police or gendarmerie service).
For other types of violence, 3919 provides a first-level response and directs or transfers to a useful number.
By telephone
39,19 (free call from a landline or mobile phone in metropolitan and DOM)
Open 24/7
Anonymous call
Call not on phone bills
Who shall I contact
116 006 - Victim Assistance Number
Listen, inform and advise victims of crime and their families.
By telephone
116,006
Free call
Open 7 days a week from 9am to 7pm
The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).
By email
victimes@france-victimes.fr
Who shall I contact
You can also hire a lawyer if you want to take legal action.
Who shall I contact
In the private sector
If you are a victim of sexual or gender-based contempt in your workplace, you can report the incident to staff representatives and the Social and Economic Committee (ESC).
You cannot be punished for having reported these facts, unless the report is based on imaginary facts.
In the public service
You can use the public service reporting system for violence, discrimination, psychological or sexual harassment and gender-based behavior. It provides for appropriate procedures for the collection of reports and for the guidance of the officer who claims to be a victim or witness.
The head of department must inform the staff member under his authority of the existence of the alert system, how it is used and the procedures it lays down.
The system must ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.
You can file a complaint to have the perpetrator of the sexist or sexual outrage you have suffered prosecuted and a legal action taken against him.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter to court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings...
- Willingness to take civil action
File a complaint with the public prosecutor
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
If police or gendarmerie officers witness the facts, they can draw up a statement attesting to the reality of the offense.
Failing that, it is up to you as the complainant to prove the facts. All evidence collected by you will be reviewed by the court:
- testimonies
- sms captures, emails
- recordings of conversations even without the author's knowledge....
Sexual or gender-based offending
Gender or sexual offending aggravated
Online service
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Ministry of the Interior