L’inceste et le droit pénal français contemporain : lorsque l’application du droit dans les tribunaux révèle une indicible frontière
In the modern French penal code, incest is only considered as an aggravation of criminal offense (rape, sexual offense, indecent assault on minors) when the offender is an ascendant or a person with authority over the victim. If incest is not a specific crime anymore, as in old law, it’s because Fre...
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| Format: | Article |
| Language: | fra |
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Association Genres, sexualités, langage
2018-12-01
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| Series: | Glad! |
| Subjects: | |
| Online Access: | https://journals.openedition.org/glad/1230 |
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| Summary: | In the modern French penal code, incest is only considered as an aggravation of criminal offense (rape, sexual offense, indecent assault on minors) when the offender is an ascendant or a person with authority over the victim. If incest is not a specific crime anymore, as in old law, it’s because French criminal law punishes first the breach of consent of the person. However, in judicial practices, the non-consent is complex and difficult to prove. This question has been at the center of debates on the incest repression law (2010) and the sexual violence and gender-based violence law (2018). My contribution proposes to examine this evolutions and juridical problems related to the penal treatment of incest. My work is based on a legal cases corpus of child sexual abuses, collected for my thesis on juridical treatment of sexual offense on minors. I will try, from a judicial sociology approach, to show the changes of juridical norms on the matter of ages and consent. |
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| ISSN: | 2551-0819 |