It is the result of years of mobilization by the coalition of feminist and children's associations. The debates in the National Assembly on the bill aimed at "providing a comprehensive response to the phenomenon of sexual and gender-based violence against women and children" ended on Friday October 9. The solemn vote of deputies on the entire text is scheduled for Tuesday October 13. The file will then be sent to the Senate.
âSo far, we have succeeded in preserving the integrity of the text tabled by the special commission,â said socialist CĂ©line ThiĂ©bault-Martinez, general rapporteur of the bill, on Friday, a few hours before the end of the examination. However, some disagreements have fractured the chamber, often at the initiative of the National Rally. Several provisions were thus rejected, such as the ban on issuing an obligation to leave French territory (OQTF) against a foreign victim who has filed a complaint, as well as specific leave for victims of sexual violence. The bill does not provide for "no budgetary creation, zero", also denounced Sunday on franceinfo ClĂ©mentine Autain, deputy of the environmental and social group of Seine-Saint-Denis. Franceinfo summarizes the main measures retained in the text submitted to the vote on Tuesday.
A new offense on incest
To better combat incest, deputies voted unanimously to create a specific offense. Faced with this massive crime, which has long remained silent, the article plans to include the term "incest" in an independent paragraph of the Penal Code, with its own provisions and penalties. For the moment, incest is mainly taken into account as an aggravating circumstance of rape, since a reform adopted in 2021. The text also extends the definition of incest to first cousins.
The deputies also adopted a key article defining intra-family violence, while expanding the offenses that fall within this field, with for example economic violence.
A specific offense against âdick picsâ
The National Assembly voted unanimously for the creation of a specific offense which punishes the non-consensual sending of images of a sexual nature, in particular "dick pics" (photos of penises), which has until now been difficult to prosecute. This offense will be punishable by up to one year of imprisonment and a fine of 15,000 euros, with increased penalties when the victim is a minor.
A new offense around âfurtive stalkingâ has also been adopted. It aims to punish the repeated digital geolocation of a person without their consent. Furthermore, the government has approved a rewriting of the article on online prostitution, which maintains the penalization of the client, but conditions it on the existence of a situation of sexual exploitation.
Specialized police brigades, without obligation to seize them
Specialized units within the judicial police should see the light of day, even if this measure was partially emptied of its substance during the debates. If the government tried to have an amendment adopted which ruled out the system, citing in particular a lack of resources, it was largely rejected. However, amid some confusion, amendments along the same lines, carried by the right and the center, were then adopted. They specify that non-use of these new brigades would not result in the procedure being nullified.
A minimum survey base
To prevent a complaint from being dismissed too quickly, the Assembly unanimously adopted the establishment of a minimum basis for investigation in any procedure âconcerning sexual, sexist or intra-family violenceâ. This goes from interviewing the victim and the accused, to the search of his home, including the search for other potential victims.
The deputies maintained a deadline of one year to carry out these investigative acts. But the government removed by amendment the obligation for the judicial police officer to write a report justifying the investigations carried out.
A reorganization of specialized courts
The deputies adopted a reorganization of specialized courts, a reform inspired by the Spanish model. For misdemeanors, each court will now have to have two judges and a prosecutor specializing in sexual and domestic violence.
Rape cases will, however, continue to be judged by departmental criminal courts, composed only of professional magistrates, as has been the case since 2023, after the adoption of an amendment supported by the government. A specialized assize court will, however, be created to judge aggravated rape, punishable by twenty years of imprisonment or more, as in the Mazan or Le Scouarnec cases.
The creation of an independent body responsible for evaluating policies
The creation of an âauthority to combat sexual and domestic violenceâ was also adopted. This independent body aims to evaluate public policies, take stock of feminicides in France and conduct research.
The text provides for it to be made up of parliamentarians, magistrates, âmedical-psychological expertsâ, researchers, representatives of associations and communities. She will also be responsible for formulating recommendations on the âmechanismsâ at work among âperpetrators of sexist and sexual violenceâ, their prevention and the fight against recidivism.
An annual interview at school, but only obligatory from 2032
The feminist and child coalition had made it a red line. The deputies finally reinstated the compulsory interview at school intended to detect violence against children, reversing a rewrite adopted in committee which had made it optional. This provision provides for an interview to be organized each year for all students, from kindergarten to final year. However, it will only become compulsory from 2032. Until then, four interviews will be spread over the course of schooling.
A mandatory reporting and treatment procedure at work
MEPs voted for the creation of a mandatory procedure for reporting and dealing with gender-based and sexual violence at work. The article reinforces the obligation placed on employers to take charge of reports and provide an appropriate response according to a framework defined by law.
The elimination of advances for medical expenses
