French Penal Code: Sexual Assaults and Violent Offenses

Extract

[...] mutilation?) Victim = human / living / third party in relation to the author of the facts Animals NO Self-mutilation of a military person to become unfit NO Act of violence : - Act positive, unique or plural - Let it be act of brutal physical contact between the assailant and the victim : Act direct: blows, mark or injury. Act indirect: through the means of a weapon or an instrument. - Soit act of bodily harm without brutality and without physical contact between the aggressor and the victim : Act that causes emotional shocks / impresses the victim (e.g. firecracker / threat) Result of violent acts: ? [...]

[...] (or 15 years old depending on the targeted offense) Age of author = major, more than 18 years old, at the time of the facts. ? Absence of recourse to violence, constraint, threat, or surprise. ? Sexual assault : - An act with a sexual connotation and which implies a physical contact with the victim. (Cuddling) General debt: the will of one to commit an act with sexual connotations by having awareness of the victim's age, minor. Special debt: Intention to commit the act performed to achieve sexual freedom. [...]

[...] Approach aimed at obtaining sexual favors General Debt: will and consciousness of exercising repeated pressure on the victim. Special Debt: Intent to harm the victim's dignity or to place them in a delicate situation. Simple sexual assaults 2 years + 30,000 Aggravated sexual assaults victim: minor under 15 years / vulnerability / illness / Infimity / physical defiance / precariousness. Author: authority of his functions / ascendant / authority By right or by fact / Circumstances: several people / online communication service / presence of a minor. [...]

[...] Without order of the authorities General Debt: desire to physically apprehend the victim while being aware to act illegitimately. Special Debt: Intention to deprive the victim of their freedom of movement. Classic Sentence 20 years of RC Voluntary release of the victim before the 7ème day to accomplish since that of his apprehension, subject to the condition that no violence as referred to in article 224-2 of the CP has been inflicted upon him. Aggravation mutilation / permanent disability / preceded or accompanied by acts of torture or barbarities / hostage victim retained to facilitate the commission of an offence or ransom payment . [...]

[...] - The author and the victim can be of the same sex. - Commis on the victim or by the victim ? Coercion, threat, violence, surprise - Coercion = pressure exerted on the victim (often abuse of authority) - Menace = behaviour that instils in others the fear of harm to him or his entourage - Violence = strong enough to impose the act (physical or moral) - Surprise = extorts the victim's consent since it was not given clearly. [...]