The National Assembly passed in the night from Tuesday 28 to Wednesday, April 29 the bill of UMP MP Marie Louise Strong for better "prevent, identify and punish incest", in particular by introducing into the Penal Code. The text was adopted by 124 votes for, none against and 16 abstentions. Majority (UMP and New Center) voted for the opposition (PS, PCF, Greens) abstained. Only members of the majority were willing to support such a project.
The text provides a legal framework that defines incest as "rape and sexual assault committed against a minor by his influence, his uncle or aunt, brother or sister, niece or nephew, spouse or cohabitant of the latter "and" the partner under a civil partnership with one of these people. "
Under the proposed law, signed by some opposition members, "A minor may not be consenting to a sexual act with a family member." The notion of constraint is also specified, "because the issue of consent is central to the repression of incest." Current legislation does not prohibit specifically incest and incestuous sexual assault, "taken as a whole that are part of a rape and other sexual assaults on the other".
After the vote, Ms. Fort welcomed a taboo has been "lifted". "My thoughts go to two million French victims" of incest, she said in the corridors of the Assembly. "To get to rebuild, we must put a name on it", told AFP elect of the Yonne. "This distinction is expected to keep statistics, currently non-existent," said Mrs. Strong. This bill originated from a report submitted by the member UMP late January. A previous report by Christian Estrosi (UMP), awarded in 2005 the Minister of Justice at the time, Pascal Clement, going in the same direction, but had not been acted upon. Two proposals Estrosi were introduced in the text.
The first provides that "the minor victim of a sex offense or a lawyer throughout the proceedings right from the beginning of the investigation." The other is within 2 to 5 years prison sentences incurred by persons guilty of "incestuous sexual assault" committed against a minor over 15 years. The fine increased from 30,000 euros to 75,000 euros.
Tuesday afternoon, during the question session to the government, the Justice Minister Rachida Dati said it supported "the initiative, which fully meets expectations of victims." "In principle, you have our support. However, we question some legal and social solutions that you suggested and we are struck by the hasty procedure that was used to address an issue so fraught with meaning," lamented George Pau-Langevin (PS). The Communist Vaxès Michel called on his side to abandon the text and the establishment of a "fact-finding mission which for months have put into debate the issue of incest" in order to achieve a Editorial "Consensual".
The text also traces of the "tracks" of prevention, especially through the work of childcare professionals, and training to home and listen to the professionals "throughout the legal course the victim will be in contact with it, "according to the memorandum.
Finally, it is expected that the associations fighting against incest may bring a civil action. The measure providing the original text "grouping in each department of health professionals, social action and justice within the same structure reference ", was declared inadmissible by the Committee on Finance under section 40 of the Constitution. This section prohibits members of an initiative creating a" public office ".
The text of the law must still be considered by the Senate.
However, if the law on incest is indeed passed, the section on anti-limitation has been removed. Ensemble demand that this component is passed in the future ... THANK YOU for your commitment! http://petition-antiprescription.net/signatures/index.php?&mots_search=&lang=francais&skin=&&ok_post=1
An article sent to us by Sandra Porcher, entrepreneur, psychologist, president of Worldwide Ladies International Network of Women 3000 Rhone Alps and public relations SEMAFORCE .
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