Child abuse victim

Verified 10 May 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

Are you a victim of abuse or are you aware of a child abuse situation? Children who are abused may benefit from special protections from social services and specialized associations. Protective measures may be ordered by the judge. The perpetrator is subject to criminal sanctions. We will tell you what to do.

This is the abuse committed on a minor by his parents or by persons close to him (family member, neighbor, friend...).

This abuse can be characterized by

  • of physical or sexual violence (bite, burn, strangulation, touching, sexual mutilation...)
  • psychological violence (bullying, threats...)
  • or willful deprivation of care (food, medicine, hygiene...)

FYI  

the school harassment and other cases of violence between pupils are dealt with specifically.

Any person (minor or major) witness to an act of child abuse or suspect a child in danger or at risk of being in danger duty report the facts. It may be a private individual or a professional (social worker, doctor, etc.).

FYI  

the alert may be anonymous, whether by mail or by telephone.

You are informed of the follow-up given to a worrying information about a minor in danger unless this information is contrary to his or her interests or yours.

FYI  

The public prosecutor may also initiate, on his own initiative, an investigation following a report.

Do not warn: What are the consequences?

Failure to report a situation of abuse of which you are aware can be punished by 3 years in prison and €45,000 of fine.

False Alerts: What are the consequences?

Voluntarily alerting the authorities to facts that you know to be inaccurate is a matter for the slander. This offense is punishable by up to 5 years in prison and a fine of €45,000.

119

If you are victim or if you become aware of a situation of abuse of a child (direct or indirect witness), you must call 119.

Who shall I contact
Emergency services (15, 17, 18)

You can contact the emergency services.

Child Welfare (CSO)

You can also contact the services of the department: child welfare (ASE) or the unit for gathering information of concern (Crip).

Who shall I contact
The Public Prosecutor

In cases of exceptional seriousness (e.g. physical or sexual violence), direct mail can be sent to public prosecutor.

Who shall I contact

FYI  

exceptionally, the children's judge may intervene, of its own motion, where it considers it necessary (to take action of its own motion).

Even if your parents are involved, as a victim, you can file a simple complaint. This action allows you to point out to the judiciary (public prosecutor, judicial police officers) the facts of which you have been the victim (physical or psychological violence, deprivation of care...).

But if you want your complaint to be prosecuted, to get compensation, you will have to to become a civil party. To do this you will have to obligatory be represented:

  • by an adult (grandparent, guardian, ad hoc administrator...),
  • or by an association (more than 5 years old, whose purpose is to defend victims). In this case, the procedure must already have been initiated by the public prosecutor or follow up on your complaint.

Please note

the limitation periods most offenses committed against minors take a particularly long time (30 years from the victim's majority in cases of rape). The perpetrator of the abuse can therefore be prosecuted and convicted even long after the fact.

Following the report, the Child Welfare Service (CSO) may intervene in the child's home to assess the child's situation.

If the examination concludes that there is a danger or risk of danger to the child, the service may offer various administrative protective measures (e.g. home help, reception or ad hoc accommodation).

If the examination of the situation concluded that there was a danger to the child and the parents refused to take administrative protective measures or that they were not effective, the service could refer the matter to the public prosecutor. The latter may apply to a children's judge for educational assistance measures (follow-up and family support) or, if the child is in serious danger, decide to place him or her temporarily in emergency care (for example, with a foster family).

The juvenile judge may take follow-up, family support and placement measures.

Follow-up and family support measures

The Juvenile Judge shall, as far as possible, keep the child in the family. He then appoints a qualified person or a specialized service to help the family.

The specialized service will set up social and educational support for the family to ensuring the health, safety and upbringing of the child. The latter can also benefit from psychological support.

When the child is followed by a specialized service, he can be accommodated there on an exceptional or periodic basis (1 week per month for example).

The judge may make the child or his or her parents subject to certain obligations. They may include the following:

  • Attend school (be enrolled in a health or educational institution, including boarding school)
  • To pursue a professional activity by the child, if he or she is of working age
  • Observe psychological or medical follow-up

If the child is followed by a specialized service, the measurement may last Maximum 2 years, renewable once.

If the child is followed by a qualified person, there is no no maximum duration.

Investment measures

The children's judge may decide on a investment measure in the most serious cases.

This measure does not withdraw parental authority to the child's parents.

Such measures shall be fixed for a period of Maximum 2 years, renewable once.

However, it is possible that the measures may be ordered for a longer period if the family situation so requires.

Parents can obtain a right of access.

The costs incurred in the care of the minor must be paid by the parents, unless the judge decides otherwise.

The penalties vary according to the nature of the offenses committed against the minor.

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In cases of willful violence

Violence against children under 15
Violence resulting in incapacity for work of up to 8 days
Violence by third parties

The penalty is 3 years imprisonment and €45,000 of fine.

Violence by parents

The penalty is 5 years imprisonment and €75,000 a fine where the acts are committed by a parent or by a person who has authority over the minor (e.g. a step-parent).

Usual violence

In cases of habitual violence, the penalty may be up to 5 years imprisonment and €75,000 of fine.

Violence resulting in incapacity to work for more than 8 days
Violence by third parties

The penalty is 5 years imprisonment and €75,000 of fine.

Violence by parents

The penalty is 10 years imprisonment and €150,000 a fine where the acts are committed by a parent or by a person who has authority over the minor (e.g. a step-parent).

Usual violence

In cases of habitual violence, the penalty may be up to 10 years imprisonment and €150,000 of fine.

Violence resulting in mutilation or permanent disability
Violence by third parties

Violence resulting in mutilation or permanent disability is punishable by 15 years of criminal imprisonment.

Violence by parents

The penalty is 20 years' imprisonment if the offense is committed by a parent or by a person having authority over the minor (e.g. a step-parent).

Usual violence

In cases of habitual violence, the penalty may be up to 20 years criminal imprisonment.

Violence leading to death without intent
Violence by third parties

The penalty is 20 years' imprisonment.

Violence by parents

The penalty is 30 years' imprisonment if the offense is committed by a parent or by a person who has authority over the minor.

Usual violence

In cases of habitual violence resulting in death, the penalty may be up to 30 years criminal imprisonment.

Violence against children over 15
Violence resulting in incapacity for work of up to 8 days
Violence by a third party

The penalty is a fine of €750 if there is no temporary incapacity for work, and €1,500 if there is a temporary incapacity for work.

Violence by a person with authority over the child

The penalty is 3 years imprisonment and €45,000 of fine.

Usual violence

In cases of habitual violence, the penalty may be up to 5 years imprisonment and €75,000 of fine.

Violence resulting in incapacity to work for more than 8 days
Violence by a third party

The penalty is 3 years imprisonment and €45,000 of fine.

Violence by a person with authority over the child

The penalty is 5 years imprisonment and €75,000 of fine.

Usual violence

In cases of habitual violence, the penalty may be up to 10 years imprisonment and €150,000 of fine.

Violence resulting in mutilation or permanent disability
Violence by a third party

The penalty is 10 years imprisonment and €150,000 of fine.

Violence by a person with authority over the child

The sentence is 15 years criminal imprisonment.

Usual violence

In cases of habitual violence, the penalty may be up to 20 years criminal imprisonment.

Violence leading to death without intent
Violence by a third party

The sentence is 15 years criminal imprisonment.

Violence by a person with authority over the child

The sentence is 20 years of criminal imprisonment.

Usual violence

In cases of habitual violence resulting in death, the penalty may be up to 30 years criminal imprisonment.

In cases of sexual violence

The Act provides for harsher penalties for sexual violence (commonly referred to as sexual abuse) on minors. In addition, the time limits for bringing proceedings against the perpetrator(s) are extended.

If the health and morals of a minor are endangered

Sentences vary depending on the perpetrator and the circumstances. Thus:

  • Where a parent in the ascending line (or any other person exercising parental authority or having authority over a minor under the age of 15) deprives the child of food or care to such an extent as to endanger his or her health, the penalty shall be 7 years imprisonment and €100,000 of fine. If the minor dies, the penalty is then 30 years of criminal imprisonment.
  • Where the father or mother, without legitimate cause, fails to comply with his legal obligations to such an extent as to endanger the health, safety, morality or education of his minor child, the penalty shall be 2 years imprisonment and €30,000 fine
  • Where the parents of a child (or any person exercising parental authority or de facto authority on a continuous basis) fail to enroll the child in an educational establishment, without valid excuse, despite a formal notice from the State authority competent for education, the penalty shall be 6 months imprisonment and €7,500 of fine.

Please note

Forcing a minor to use hazardous substances (alcohol, tobacco, narcotics), or to make an illicit use of them, is also punishable by law. Thus in case of:

  • Illicit use of narcotic, the penalty is 5 imprisonment and €100,000 fine
  • Excessive alcohol consumption, the penalty is1 year in prison and €15,000 fine
  • Usual alcohol consumption, the penalty is 2 years in prison and €45,000

Please note

Persons convicted of these offenses may also be subject to additional penalties (e.g. prohibition of civil, civil and family rights).

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