Sexual Exhibition



Sexual exhibition is provided for and punishable under Article 222-32 of the French Criminal Code.

  1. The material element of the offence of sexual exhibition

An exhibition…

Unlike sexual assault or rape, sexual exhibition does not require physical contact in order for the offence to be established. It therefore constitutes an exclusively psychological violation.

Exhibition requires an action and consists of showing or exposing something to view. A witness to such acts must therefore be an eyewitness (merely hearing noises or words is not sufficient).

…of a sexual nature

This may involve:

  • Exposing a sexual part of the body
  • Explicitly performing a sexual act, whether real or simulated, even without exposing a naked part of the body

Public exposure

The act of a sexual nature must be:

  • Imposed upon the sight of another person, and
  • Performed in a place visible to the public

This broad definition therefore includes public places (public transport, streets, parks, etc.) as well as places visible to the public (balconies, workplaces that are not locked, etc.).

  1. The intentional element of the offence of sexual exhibition

Sexual exhibition is an intentional offence, meaning that the perpetrator must knowingly intend to carry out the acts concerned. These elements are often inferred from the context and circumstances.

The motive for sexual exhibition is irrelevant: the offence may be established even where the perpetrator had a political (or other) reason for exposing their sexual parts. However, where the acts form part of a political protest (for example, FEMEN protests), penalising such conduct may constitute a disproportionate interference with the exercise of freedom of expression.


Penalties

Sexual exhibition is punishable by:

  • One year’s imprisonment and a fine of €15,000
  • Two years’ imprisonment and a fine of €30,000 where the acts are committed against a minor under the age of fifteen

Additional penalties may also be imposed, including a prohibition from carrying out a professional or social activity involving regular contact with minors.


Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a sexual exhibition case?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in sexual exhibition cases, as well as in relation to all types of criminal offences, including rape or revenge porn.

If you wish to file a criminal complaint regarding sexual exhibition, you can consult this article. If you are accused of sexual exhibition, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.


Article date: 20 June 2023 | By Lois Pamela LESOT