Posted: Aug 04, 2019 7:13 pm
chango369 wrote:Here's Alan Dershowitz arguing for an age of consent as follows:“It certainly should not be as high as 17 or 16. Reasonable people can disagree over whether it should be as low as 14. Fifteen would seem like an appropriate compromise.”
‘Creepy Dershowitz’ Trends And You Really Don’t Want To Know Why
These saying are not shocking me.
I'm a citizen of the country in which I live (France) where the age of consent is 15 years old.
I think someone aged of 15 years old know what he / she want to do in his / her sexual life.
In my country a man or a woman aged of 18 years old or more who had consensual sexual activities with a man or a woman below 15 years old who is not a person who have authority over the person below 15 years old (Brother or sister , Parent , Teacher etc...) is facing a maximum penalty of an imprisonment term not exceeding 7 years and a fine not exceeding 100,000 euros (Approximately 8 years of legal minimum French wage) because of article 227-25 of "Code pénal" (Penal code in English that is the name of our criminal code).
I'm speaking only about "Peines principales" (Main sentences) and not "Peines complémentaires" (Additional sentences) in order to simplify because the list of possible additional sentences is long like being prohibited to contact underage people in your professional activity for an unlimited time , lose the capacity to be elected in a political election for a duration of 5 years , lose the capacity to vote in a political election for a duration of 5 years , lose your driving sentence for a duration of 5 years , not to be allowed to get out of French territory for the next 5 years etc...
If a person aged of 18 years old or more had consensual activities (It is not illegal between underage people) with a person below 15 years old it would not be charged for "Viol sur mineur de 15 ans" (Rape on a person below 15 years old) because it doesn't exist an equivalent to "statutory rape" in the French legal system.
This person would be charged for "Atteinte sexuel sur mineur de 15 ans" (Sexual touching on a person below 15 years bold. It is not a literal translation but a translation to give you an idea about the meaning of this charge).
If the perpetrator who committed this offense isn't in a situation of "Circonstances aggravantes" (Aggravating circumstances) defined in the article 227-26 of "Code pénal" he / she is facing an imprisonment term not exceeding 7 years and a fine not exceeding 100,000 euros as I did previously explained.
The aggravating circumstances defined in article 227-26 of "Code pénal" are the next :
1.The person who have consensual sexual activities with the person below 15 years old is a person who have authority on his / her (Brother or sister , Parent , Teacher etc...).
2.The person is abusing his / her authority he / she does have because of his / her function (Doctor , Fireman , Policeman etc...) on the person below 15 years old.
3.Many people are implicated in the sexual activities with the person below 15 years old as a group of people sharing this person as sexual partner.
4.When the perpetrator did had his / her first contact with the person below 15 years old with a public message on Internet or another computing network.
5.The perpetrator was under illegal drug influence or alcohol when the consensual sexual activities happened.
If the perpetrator is concerned by one or more of these aggravating circumstances.
He / she is facing a sentence of an imprisonment term not exceeding 10 years and a fine not exceeding 150,000 euros (Approximately 12 years of legal minimum French wage).
"Atteinte sexuel sur mineur de 15 ans" in any circumstance is a "délit" (Misdemeanor).
Someone aged 18 or over committing a rape (Under French law a rape happens when the person don't want to penetrate or be penetrated) on a person below 15 years old is facing an imprisonment term not exceeding 20 years with a parole term not exceeding 10 years because of 2° of article 222-24 of "code pénal".
If the victim was killed after the rape. The perpetrator is facing a life term imprisonment with a parole term not exceeding 22 years (Life imprisonment without parole does't exist in French legal system. At the expiration of parole term the prisoner can ask his / her release but it can be refused and he / she can ask it many time) because of article 222-25 of "Code pénal".
If the victim was tortured before , during or after the rape and the perpetrator don't try to kill the victim.
The perpetrator is facing an imprisonment term not exceeding 30 years with a parole term not exceeding 20 years.
A rape in any circumstance is a "Crime" (Not pronounced as crime in English. It does means felony).
Someone aged 18 or over doing what's we call "Agression sexuelle sur mineur de 15 ans" (Sexual assault on a person below 15 years old. This charge is about non consensual activities that doesn't involve penetration but in practice you can be convicted under this charge even if in reality you committed a rape because prosecutors have a tendency to influence victims to accept a trial for this charge rather than a rape charge because it is quicker to be judged for sexual assault than rape because sexual assault is a misdemeanor compared to rape that is a felony. Misdemeanors are summary trialed in a Tribunal Correctionnelle or Correctional Tribunal in English unlike felonies that are trialed with a jury in a Cour d'Assise or Assize Court in English) is facing an imprisonment term not exceeding 10 years and a fine not exceeding 150,000 euros (Approximately 12 years of legal minimum French wage)[/b because of article 222-29-1 of "Code pénal".
I think the maximum theoretical sentence for "Atteinte sexuel sur mineur de 15 ans sans circonstances aggravantes" [b](Sexual touching of a minor without aggravating circumstances) is disproportionate because it's about consensual sexual activities
Do you know the main sentence for giving false intel to civil authority or military authority of France to serve the interest of a foreign power and undermine the fundamental interest of French nation is a misdemeanor punished per article 411-10 of "Code pénal" by an imprisonment term not exceeding 7 years and a fine not exceeding 100,000 euros (Approximately 8 years of legal minimum French wage) if you're 18 or over ?
Read article 227-25 and 411-10 of code pénal if you understand French and you will see you are facing the same main sentence if you have consensual activity with a person below 15 years old or giving false intel to France.
It is dumb because giving false intelligence is more serious than have consensual activity with someone under the age of consent.
If you read article 413-2 of code pénal you'll see someone aged 18 years or over who do things in order to avoid the movement of military units or military materials or modify the normal functioning of military materials to undermine French national defense is facing an imprisonment term not exceeding 5 years and a fine not exceeding 75,000 euros (Approximately 6 years of legal minimum French wage).
It does means there are less legal risk for this kind of acts against French national defense that are misdemeanors than consensual sexual activities with someone below 15 years old.
It is dumb because acts against the national defense of a country are more serious than have consensual activity with someone under the age of consent.
A prison guard who hold someone in a prison without legal orders is committing a misdemeanor under article 432-6 of code pénal and he / she is facing an imprisonment term not exceeding 2 years and a fine not exceeding 30,000 euros (Approximately a bit more than 2 years of legal minimum French wage) when a person aged of 18 years old or over who have consensual activity with a person below 15 years old is facing more than a prison guard who hold someone in a illegal way.
It is dumb because guard someone illegally in prison is more serious than have consensual activity with someone under the age of consent.
I think my country need reforms in criminal matters.