After the senators' rejection, Aurore Bergé wishes to restore the imprescriptibility of crimes against minors in the bill on the protection of children
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Minister Aurore Bergé announced the tabling of a government amendment to restore the imprescriptibility of crimes against minors, rejected by senators in committee as part of the child protection bill.
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Why It Matters
Imprescriptibility was until now reserved for crimes against humanity in France.
The Minister of Equality between Women and Men, Aurore Bergé, announced, Tuesday October 27 on Public Senate, that she would table on behalf of the government an amendment to restore the imprescriptibility of crimes against minors, as part of the discussion in session in the Senate of the bill on the protection of children. This very symbolic measure, voted on this summer in the National Assembly despite doubts about its conformity with the Constitution, was rejected in committee last week by the senators.
The bill planned to make certain violent or sexual crimes committed against minors imprescriptible. In addition to the crimes of murder, torture or acts of barbarity or rape, the following were concerned: reduction into slavery, kidnapping and sequestration, pimping or even endangering the health of a minor.
Currently, a victim of rape occurring in childhood can file a complaint up to the age of 48, the limitation period being 30 years from the age of majority, a period considered insufficient by certain child protection associations.
“A significant break in our legal tradition”
"We have to listen to the victims, we have to start from them, from their expectations and their needs. Today, the whole of society tells them, 'we have to speak'. But once they have found the courage and the strength to speak, when they do not speak quickly enough, (...) we tell them it's too late", argued the minister. “This falling ax is additional violence for the victims,” she added.
The two senators Agnès Canayer (LR group) and Dominique Vérien (centrist group), behind the rejection of this measure in committee, had estimated that "such a development would mark a significant break in our legal tradition, imprescriptibility being to date reserved for crimes against humanity". The text must be debated in public session no earlier than Tuesday evening, otherwise from Wednesday for a vote next Tuesday.
What to Watch
AI outlook — possibilities, not facts
Debate of the amendment in public session in the Senate
Very likely · Within days
Open Questions
- Will the Constitutional Council validate the amendment?
- Will the Senate finally vote on the amendment?
