Sexual assault, as defined by Article 222-22 of the French Criminal Code, is a criminal offence defined as "any sexual act committed through violence, coercion, threat or surprise or, in the cases provided for by law, committed by an adult against a minor."

Sexual assault is punishable by five years' imprisonment and a €75,000 fine (Article 222-27 of the French Criminal Code).

1. A Sexual Act 

Sexual assault requires physical contact of a sexual nature, such as unwanted touching, fondling or other non-consensual sexual contact. 

Where the act involves sexual penetration, however, the offence constitutes rape rather than sexual assault. 

For more information about rape, see our article on rape.

2. Lack of Consent 

Sexual assault involves an act imposed on the victim without their consent. The absence of consent results from the use of violence, coercion, threats or surprise by the perpetrator. Violence and coercion may be either physical or psychological. 

3. Intent to Commit Sexual Assault 

Sexual assault is an intentional offence. The perpetrator must have intended both to commit the sexual act and to impose it on a victim without that person's consent. 

Limitation Periods

A victim of sexual assault has six years from the date of the offence to file a criminal complaint. 

Where the victim was over the age of 15 but still a minor, the limitation period is extended to 10 years from the victim's 18th birthday. Accordingly, a victim aged between 15 and 18 at the time of the offence may file a complaint until the age of 28. 

Where the victim was under the age of 15, the limitation period is extended to 20 years from the victim's 18th birthday. In that case, the victim may file a complaint until the age of 38. 

Penalties 

Sexual assault is punishable by five years' imprisonment and a €75,000 fine (Article 222-27 of the French Criminal Code).

Aggravating Circumstances 

The offence is punishable by seven years' imprisonment and a €75,000 fine where one or more aggravating circumstances apply, including where: 

• the offence caused injury, bodily harm or a period of temporary incapacity for work (ITT) exceeding eight days; 

• it was committed by an ascendant or by any person exercising legal or de facto authority over the victim; 

• it was committed by a person abusing the authority conferred by their professional position; 

• it was committed by several perpetrators or accomplices acting together; 

• it was committed using or threatening the use of a weapon; 

• the victim was placed in contact with the perpetrator through social media or another electronic communication network; 

• it was committed by the victim's spouse, cohabiting partner or civil partner; 

• it was committed by a person who was manifestly intoxicated or under the obvious influence of narcotic substances; 

• it was committed, in the course of that activity, against a person engaged in prostitution, including occasional prostitution; 

• a minor was present during the offence and witnessed the events; 

• where a substance has been administered to the victim without their knowledge in order to impair their judgment or control over their actions (Article 222-28 of the French Criminal Code).

Sexual assaults other than rape are punishable by seven years' imprisonment and a €100,000 fine where they are committed against a person whose particular vulnerability was apparent or known to the offender (Article 222-29 of the French Criminal Code).

Aggravating Circumstances Relating to the Victim's Age (Victim Under 15) 

Sexual assault is punishable by ten years' imprisonment and a €150,000 fine where the victim is under the age of 15: 

• or where the offence is committed through violence, coercion, threats or surprise (Article 222-29-1 of the French Criminal Code).

• or where the age difference between the adult and the minor is at least five years (Article 222-29-2 of the French Criminal Code, excluding cases involving prostitution).

Attempt 

An attempted sexual assault—that is, where a person attempts to commit a sexual assault but fails because of circumstances beyond their control—is punishable by the same penalties as a completed sexual assault. 

Your Criminal Defense with Maître Lois Pamela LESOT

Have you or someone close to you been summoned for a voluntary police interview as a suspect or placed in police custody?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

The firm regularly represents and defends both victims and individuals accused in sexual assault cases, as well as in all other criminal matters, including domestic violence, rape, pimping, and revenge porn.

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

Date de l’article : 3 juillet 2024 | Par Lois Pamela LESOT