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Tue Feb 13, 2018, 01:54 PM

 

Can an 11-year-old consent to sex? A French court case will address that question

Despite promises to reassess child sex laws, the rules governing consent in France are still murky. A court case involving an 11-year-old girl is being closely watched by children’s rights advocates.
Can an 11-year-old consent to sex with an adult? Legally in France, the answer is not automatically "No". A court case set to open this afternoon in the city of Pointoise, outside of Paris, will revisit that question.

It’s one that has been the source of public debate in France over the past few months.

Currently in France, the age of consent is 15, but in order to get a rape conviction prosecutors have to prove that a sex act was committed with violence, coercion, threat or surprise. Without those factors, a person can only be charged with sexual abuse, and not rape.

Sexual abuse carries a maximum sentence of five years in prison and a fine of €87,000, whereas the punishment for the rape of a person under 15 is up to 20 years in prison.

Today’s case involves a 29-year-old man who allegedly had sex with an 11-year-old girl last year. In a decision that shocked many, the prosecutor chose to charge the man with “sexual abuse of a minor under 15 years old” instead of rape, the charge that the girl’s family had asked for.

Defense lawyers have said the man and the girl met in a small park and that the girl voluntarily followed the man into an apartment block and freely consented to have sex with him. They’ve also claimed that their client, then aged 28, thought the girl was over 15. She is now 12.

http://www.france24.com/en/20180213-france-11-year-old-consent-sex-rape-court-case

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Reply Can an 11-year-old consent to sex? A French court case will address that question (Original post)
FarCenter Feb 2018 OP
Watchfoxheadexplodes Feb 2018 #1
lapfog_1 Feb 2018 #2
LanternWaste Feb 2018 #3
Lil Missy Feb 2018 #4
shenmue Feb 2018 #5
lark Feb 2018 #8
gratuitous Feb 2018 #6
EllieBC Feb 2018 #7

Response to FarCenter (Original post)

Tue Feb 13, 2018, 02:25 PM

1. The whole thing is icky to even think about

Ugh

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Response to FarCenter (Original post)

Tue Feb 13, 2018, 02:28 PM

2. I love europe... Paris... London, Rome...

but sometimes I'm really glad I don't live there.

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Response to FarCenter (Original post)

Tue Feb 13, 2018, 02:29 PM

3. On a personal level, that's just pretty damned creepy.

From the article...

“The French justice system is made so that we don’t, contrary to other countries, including Britain, have a presumption of the absence of consent for young children,” lawyer Pascal Cussigh told FRANCE 24 in November. “One must establish, even if a child is 7, 9, or 11 years old, that the child did not consent to a sexual act with an adult.”



On a personal level, that's just pretty damned creepy.

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Response to FarCenter (Original post)

Tue Feb 13, 2018, 02:32 PM

4. Good Gawd. Why is that even a question.

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Response to Lil Missy (Reply #4)

Tue Feb 13, 2018, 03:04 PM

5. Because people in France are trash

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Response to shenmue (Reply #5)

Tue Feb 13, 2018, 03:52 PM

8. I think they have way more latitude to say that about us than we do about them.

We, as a country, let people die (on purpose for the rw) because they can't afford healthcare, what could be more heinous than that? We, as a country, also lock up people all the time because they can't pay their bills. I hate, like totally loathe, both of these things yet they happen every day in my country. Am I to be held responsible because I have a fucked up country?

Now, do I agree with France on this, hell no, it's stupid and very wrong. I'm not going to get all self-righteous and condemn all the people in the whole country, especially when our country does far far worse.

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Response to FarCenter (Original post)

Tue Feb 13, 2018, 03:09 PM

6. I'd say "no"

We've set down a number of age-based rules in our various societies, and it's not a bad idea to re-visit some of them from time to time. I've known pretty sophisticated 13-year-olds, and I've known allegedly full-grown adults that I wouldn't trust around the corner. But we have to draw lines somewhere. Nothing magical happens, for example, when you turn 18 years of age. But it's a good idea to have that bright dividing line between not old enough and old enough to sign a binding contract - a person has time to prepare himself or herself for that day. We carve out some exceptions for emancipated minors, but those are exceptions, and the person in question has to demonstrate sufficient understanding to qualify.

An 11 year old, generally speaking, isn't old enough to consent to sexual relations. I wouldn't say there's no way ever that an 11 year old couldn't make that decision, but I'm in favor of setting that bar as high as possible. If the necessary components of violence, coercion, threat, or surprise aren't present, then I'll defer to the prosecutor's decision to seek conviction on a lesser charge. The defense has to try something, but the court isn't required to follow this creep's line of argument.

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Response to FarCenter (Original post)

Tue Feb 13, 2018, 03:47 PM

7. Wtf is wrong with these people???

Anyone who thinks an 11 year old can consent to sex is just a disgusting child molester apologist.
Tell me again why I should think highly of France?

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