Sexual offense on minor

In France, the sexual offense on minor is a penal infringement prohibiting and repressing the authorized sexual relationships between major and a minor. This act is regarded as a offense judged by the Magistrates' court.

On 15 year old minor

Made on a sexual minor , punished 5 years of imprisonment and 75.000 euros fine, the offense is defined in article 227-25 of the Penal code:

The fact, by major, to exert without violence, constraint, threat nor surprised an sexual offense on the person of a fifteen year old minor is punished five years of imprisonment and 75.000 euros fine.

The Jurisprudence seldom retains this qualification, by justifying on the vague term of surprised to make the point that a newborn not knowing adult sexuality cannot grant the relation, and is thus necessarily “surprised” within the meaning of the text, even when appearances let think the reverse. However, it happens that it is retained in the case of victims teenagers of more than 12 or 13 years.

A not authorized sexual relationship is called Sexual assault or Viol when there is penetration. It is more severely punished when it is exerted on a sexual minor .

Aggravating circumstances

The sorrows are worsened by article 227-26 of the penal code to 10 years of imprisonment and 150.000 euros of fine when sexual offense on minor is made:

by ascending or a person having authority on the victim;
by a person misusing of the authority which its functions confer to him;
by several people, authors or accomplices.
whereas the victim was put in liaison with the author of the facts thanks to the use, for the diffusion of messages bound for a nongiven public, of a telecommunication network (since a law n° 98-468 of June 17th, 1998 relating to the prevention and the repression of sexual offenses like to the protection of the minors)

On minor of more than fifteen years and less than 18 years

Article 227-27 of the penal code provides that when the minor has more than fifteen years et that sexual offense - without violence, constraint, threat nor surprised - was carried out by ascending or a person having authority on the victim or by a person misusing of the authority which its functions confer to him, the offense is punished 2 years of imprisonment and 30.000 euros fine. In all the other cases, there is not infringement since the minor is in age to agree.

Internal bonds

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