“A decisive step towards a true culture of consent”: the Senate gave its agreement this Wednesday, June 18 to a highly symbolic modification of the criminal definition of violation to integrate the concept of non -consent, acting the emergence of a parliamentary consensus on this sensitive legal debate.
A few months after the resounding trial of Mazan’s rape, during which the consent had taken a central place, criminal law could soon be clarified, black on white, this notion.
In fact, the Senate has positioned itself largely for this substantial evolution of the Criminal Code, with a unanimity adoption of a transparty bill, despite some abstentions of the communist ranks.
Started by deputies Véronique Riotton (Renaissance) and Marie-Charlotte Garin (environmentalist) after a long mission of parliamentary information, reinforced by a very favorable opinion of the State Council, this text crosses a crucial stage in the upper chamber, after its adoption in April in the National Assembly.
A “decisive step”
There are only a few minor divergences in the editors adopted by the deputies and by the senators, racing the way for a final adoption in the coming weeks or in the coming months in Parliament, after the call of a joint committee that brings together the deputies and the senators asked to lead a common text.
The Minister of Equality between women and men, Aurore Bergé, was satisfied before the Senate of a “decisive step towards a real culture of consent.” He added an “important legislative advance”, which will reaffirm that “consent, that does not mean that” but “said yes, an explicit, free, without restriction or ambiguity.”
“A clear law”
This text “responds to a taboo. He breaks silence. He designates what the victims have experienced, in misunderstandings and sometimes loneliness,” because his part praised the guardian of the seals of Gérald Darmanin.
The redefine bill in the Criminal Code of any sexual aggression, including violation, such as “any sexual act without consumption.”
“The consent is free and enlightened, specific, previous and revocable requirement” and “cannot be deduced by the only silence or the only lack of reaction of the victim”, so it provides the text voted in the two cameras of Parliament.
Finally, it specifies that “there is no consent if the sexual act is committed with violence, restriction, threat or surprise”, four modalities already present in the Criminal Code.
“This makes it possible to establish a clear law, understandable by all, which will preserve the achievements of our criminal law,” Senator Elsa Senpoins Elsa Schalck, appointed Corappeteure in this text, explains to the AFP.
Several countries have already introduced the concept of non -consent to their legislation.
This emerging consensus seemed far from being obvious a few months ago, facing an important reluctance of lawyers, parliamentarians and even certain feminist associations, despite the omnipresence of this notion in the law.
Main fears: the investment risk of the burden of evidence that would force the plaintiffs to have to demonstrate that they have no consent, or the possible “contractualization” of the sexual relations induced by the text.
“During his judgment, there are many men accused of rape who say they do not know that the sexual act they have imposed was not consented (…) Do we not risk the rapists legitimizing their ignorance?” The communist senator Silvana Silvana asked.
On the contrary, several socialist senators have tried, without success, to go beyond integrating, for example, the fact that the consent cannot be deduced from “the exchange of remuneration” or a “previous contract.”
But the vast majority of elected officials were reassured by the proposed deed, which was particular in an opinion of the State Council presented in early March.
“This text does not create impossible evidence. Does not hire sexuality, in any case it does not question the essential presumption of innocence,” Darmanin insisted in the Senate.
If this law was definitely adopted, France would join several countries that have already introduced the concept of consent or non -consent to their violation legislation, such as Sweden, Spain or more recently Norway.
Source: BFM TV
