PARIS — On Thursday, the European Court of Human Rights (ECHR) found in favor of three women who claimed that they were sexually assaulted as minors, and criticized French authorities for their inadequate protective measures. This judgment is likely to reignite discussions around incorporating consent into the legal framework for sexual offenses, which was a heated topic in France following a high-profile trial last year involving drugging and rape.
Despite France’s legislative efforts, such as a 2021 law defining that children under 15 cannot legally consent to sexual acts with adults, the concept of consent is not yet embedded in the legal understanding of rape. The ECHR addressed three separate cases, where the victims contended that their youth and vulnerability should have warranted greater consideration.
The ECHR determined that the investigatory and judicial processes in France failed to adequately protect the women in question. The court particularly noted the lack of expediency and attention afforded to the first two cases. Furthermore, France was found to be in breach of the European Convention on Human Rights, which outlaws torture and degrading treatment while ensuring respect for private life.
The ECHR stated that the French courts did not fully evaluate the context of the incidents and neglected to consider the applicants’ ability to understand and consent due to their vulnerable situations, especially given their ages. Additionally, the negligence in promptly and diligently pursuing justice was criticized in two of the cases.
The first case involved a teenager who alleged rape by two 21-year-old firefighters in 2009. The girl, who claimed to be psychologically vulnerable due to bullying and subsequent psychiatric treatment, reported multiple sexual encounters with one of the firefighters. Her personal information was later shared among other firefighters, leading to further communications with her via text and online platforms.
The second woman detailed an assault by two men aged 21 and 29 when she was 14, and the third woman claimed she was raped at 16 by an 18-year-old at her home following a party.
In particular, the ECHR criticized French authorities for not safeguarding the dignity of the first victim, highlighting the use of moralizing and blame-inducing rhetoric that perpetuated gender stereotypes and potentially undermined victims’ trust in the legal system.
The court emphasized that its role was not to determine the guilt of the accused in these instances, and its findings should not be interpreted as opinions on the culpability of the involved individuals.
Across Europe, there remains significant variance in the legal definitions and prosecution of rape. While some countries base their definitions on consent, others still rely on criteria such as the use of force or threats to adjudicate these crimes. In France, legal rape definitions involve sexual penetration acts carried out with violence, coercion, threat, or surprise, or involve a minor under 15 years old when the perpetrator is at least five years older.