{"id":1198,"date":"2023-05-27T12:48:37","date_gmt":"2023-05-27T10:48:37","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2023\/05\/27\/comparution-sur-reconnaissance-prealable-de-culpabilite-copy\/"},"modified":"2025-03-20T16:40:03","modified_gmt":"2025-03-20T15:40:03","slug":"le-viol","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2023\/05\/27\/le-viol\/","title":{"rendered":"Rape"},"content":{"rendered":"
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Rape<\/h1>\n<\/div><\/div>\n\n\n\n


English<\/a><\/em><\/span>
<\/p>\n\n\n\n

Rape, as provided for and punishable under Articles 222-23 et seq. of the French Criminal Code<\/a>, is a felony defined as \u201cany 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<\/em>\u201d.<\/p>\n\n\n\n

Rape is punishable by 15 years\u2019 imprisonment, or 20 years where aggravating circumstances exist.<\/p>\n\n\n\n

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  1. An act of sexual penetration<\/strong><\/li>\n<\/ol>\n\n\n\n

    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.<\/p>\n\n\n\n

    These acts may be committed or undergone by either the perpetrator or the victim, and by a man or a woman.<\/p>\n\n\n\n

    Where there is no act of sexual penetration, the offence may constitute sexual assault.<\/p>\n\n\n\n

    For more information on sexual assault: article on sexual assault<\/a>.<\/em><\/p>\n\n\n\n

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    1. Lack of Consent<\/strong><\/li>\n<\/ol>\n\n\n\n

      The lack of consent results from the perpetrator\u2019s use of violence, coercion, threat or surprise.<\/p>\n\n\n\n

      Coercion, like violence, may be physical or psychological.<\/p>\n\n\n\n

      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.<\/p>\n\n\n\n

      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\u2019s vulnerability where the victim lacks the necessary capacity to understand the nature of such acts.<\/p>\n\n\n\n

      The threat may be explicit or implicit.<\/p>\n\n\n\n

      Surprise may be achieved through trickery or deception.<\/p>\n\n\n\n

      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\u2019 imprisonment.<\/p>\n\n\n\n

      However, the \u201cRomeo and Juliet\u201d 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).<\/p>\n\n\n\n

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      1. Intent to commit rape<\/strong><\/li>\n<\/ol>\n\n\n\n

        As rape is a felony, the intentional element must be established, namely the perpetrator\u2019s intention to commit an act of sexual penetration and their awareness that they are imposing the act on a victim who does not consent.<\/p>\n\n\n\n


        Aggravating Circumstances<\/span><\/p>\n\n\n\n

        Rape is punishable by 20 years\u2019 imprisonment when committed with aggravating circumstances, namely:<\/p>\n\n\n\n