In France, an 11-year-old girl was abused by an adult man and the justice system hesitated to recognize the rape because proof of coercion was lacking.
Justice & Anti-CorruptionFrance
- Omissions
- The claim omits that this case eventually resulted in a rape conviction on appeal in November 2022, and that it contributed to legal reforms in France regarding the age of consent. The initial 2017-2018 proceedings led to public outcry that prompted legislative changes.
- The Guardian source was published after the session date (2022), but refers to data from an earlier trial (around 2017-2018) that the MEP could have known about.
- Sources
- SecondaryThe GuardianAt an earlier trial almost five years ago, there was public outrage after a charge of rape was reduced to sexual assault. The case involved an 11-year-old girl and a man who was initially charged with sexual assault rather than rape because prosecutors found no evidence of coercion or violence.
- SecondaryRFIThe man went on trial for sexual assault rather than rape in a case that triggered an outcry after prosecutors judged that the relationship was consensual and therefore not rape. French law at that time required 'violence, coercion, threat or surprise' for an act to be considered rape.
- SecondaryAP NewsUnlike many countries, France does not have a legal age under which a minor cannot agree to a sexual relationship. The case of an 11-year-old girl fueled debate on consent laws, as prosecutors initially charged sexual abuse rather than rape because coercion could not be proven.