English

Rape, as provided for and punishable under Articles 222-23 et seq. of the French Criminal Code, is a felony defined as “any act of sexual penetration, of any nature whatsoever, or any oral-genital act committed on another person or on the perpetrator by violence, coercion, threat or surprise constitutes rape”.

Rape is punishable by 15 years’ imprisonment, or 20 years where aggravating circumstances exist.

1. An act of sexual penetration

Rape requires an act of sexual penetration, of any nature whatsoever: vaginal, anal (sodomy) or oral penetration (fellatio), as well as the insertion of objects into the genitals or anus where the act is sexual in nature.

These acts may be committed or undergone by either the perpetrator or the victim, and by a man or a woman.

Where there is no act of sexual penetration, the offence may constitute sexual assault.

For more information on sexual assault: article on sexual assault.

2. Lack of Consent

The lack of consent results from the perpetrator’s use of violence, coercion, threat or surprise.

Coercion, like violence, may be physical or psychological.

Where the acts are committed against a minor, psychological coercion or surprise may result from the age difference and the legal or de facto authority exercised by the perpetrator over the victim. These conditions are cumulative, but a significant age difference between the minor victim and the adult perpetrator may constitute de facto authority.

Where the acts are committed against a minor under the age of fifteen, psychological coercion or surprise is established by the abuse of the victim’s vulnerability where the victim lacks the necessary capacity to understand the nature of such acts.

The threat may be explicit or implicit.

Surprise may be achieved through trickery or deception.

The issue of consent no longer arises in all circumstances: where the acts are committed against a minor under the age of fifteen and the age difference between the minor and the adult perpetrator is at least five years, the act automatically constitutes rape. In such cases, the offence is punishable by 20 years’ imprisonment.

However, the “Romeo and Juliet” clause prevents sexual relations between an adult and a minor under the age of fifteen from automatically being considered rape where the age difference between them is less than five years (for example, where one person is 14 and the other is 18).

3. Intent to commit rape

As rape is a felony, the intentional element must be established, namely the perpetrator’s intention to commit an act of sexual penetration and their awareness that they are imposing the act on a victim who does not consent.

Aggravating Circumstances

Rape is punishable by 20 years’ imprisonment when committed with aggravating circumstances, namely:

• where it results in mutilation or permanent disability;
• where it is committed against a minor under the age of fifteen;
• where it is committed against a person whose particular vulnerability, due to age, illness, disability, physical or psychological impairment, or pregnancy, is apparent or known to the perpetrator;
• where it is committed against a person whose particular vulnerability or dependence resulting from the precariousness of their economic or social situation is apparent or known to the perpetrator;
• where it is committed by an ascendant or by any other person exercising legal or de facto authority over the victim;
• where it is committed by a person who abuses the authority conferred upon them by their position;
• where it is committed by several persons acting as perpetrators or accomplices;
• where it is committed with the use or threat of a weapon;
• where the victim was brought into contact with the perpetrator through the use of an electronic communications network for the dissemination of messages to an unspecified audience;
• where it is committed in conjunction with one or more other rapes committed against other victims;
• where it is committed by the victim’s spouse, cohabiting partner or partner bound to the victim by a civil solidarity pact (PACS);
• where it is committed by a person who is manifestly intoxicated or manifestly under the influence of narcotics;
• where it is committed, in the course of such activity, against a person engaged in prostitution, including on an occasional basis;
• where a minor was present at the time of the offence and witnessed it;
• where a substance was administered to the victim without their knowledge in order to impair their judgment or control over their actions.

Rape is punishable by 30 years’ imprisonment where it results in the victim’s death, and by life imprisonment where it is preceded, accompanied or followed by torture or acts of barbarity.

Incest

Rape is considered incestuous where the acts are committed by an adult against a minor and the adult is:

• an ascendant;
• a brother, sister, uncle, aunt, great-uncle, great-aunt, nephew or niece;
• the spouse, cohabiting partner or civil partner (PACS) of one of the persons mentioned above, where that person exercises legal or de facto authority over the victim.

Where rape is incestuous, the offence is punishable by 20 years’ imprisonment.

Where the perpetrator of the sexual offence has parental authority over the minor victim, they may be deprived of that parental authority, or of the exercise thereof, in respect of the victim as well as the victim’s minor siblings.

Rape between spouses

Since the Law of 4 April 2006, rape may be established regardless of the nature of the relationship between the perpetrator and the victim, including where they are married. The fact that rape is committed by the victim’s spouse, cohabiting partner or partner bound to the victim by a civil solidarity pact (PACS) is itself an aggravating circumstance.

Limitation Periods

Since February 2017, a victim of rape has 20 years from the date on which the offence was committed to file a criminal complaint.

Where the victim is a minor, the limitation period is extended to 30 years from the date on which the victim reaches the age of majority. Accordingly, a minor who is a victim of rape may file a complaint until the age of 48.

The limitation period for the rape of a minor is now also extended where the perpetrator commits a new sexual felony or misdemeanour against another minor before the expiry of the initial limitation period: the limitation period for the initial rape is extended until the limitation period applicable to the new offence expires.

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a rape 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 rape cases, as well as in relation to all types of criminal offences, including domestic violence, sexual assault, procuring or revenge porn.

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

Article date: 27 May 2023 | By Lois Pamela LESOT