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By Valentine Faure Oct. The events, first reported by the website Mediapart , took place on April 24 in the Paris suburb of Montmagny. Then she followed him to his apartment, where they had sexual intercourse. Afterward, he told her not to talk to anybody about it, kissed her on the forehead and asked to see her again. On her way back home, the girl called her mother in a state of panic, realizing what had just happened. The mother immediately called the police and pressed charges for rape.
The trial was supposed to start last Tuesday, but it was postponed to February. Meantime, the story caught fire across the country. The widespread outrage put me in mind of the Jacqueline Sauvage case , in which a battered woman who shot her husband in the back in ended up getting 10 years of prison a harsh sentence for France. Sauvage was pardoned and released last year. What shocked many French people most of all was not the encounter itself, but that there was a legal possibility of labeling it anything other than rape.
Petitions started circulating, and politicians would soon echo them: The law must change. Most European countries have, over the past two decades, set age limits under which a minor simply cannot consent. In Belgium, any sexual intercourse with a child below the age of 14 is rape, punishable up to 20 years, or up to 30 years for victims under In Britain, the age of consent is 16, but specific legal protection exists for children under They cannot legally give their consent to any form of sexual activity.
This leaves children above 6 potentially considered not raped when violence cannot be established. It also allows the state of paralyzed shock experienced by many victims — and all the more so children — to equal consent. But once again, the difference in age was not precisely qualified.
It took two centuries for sexual crimes against children to be considered so by the law. Foucault was writing a year after the cream of the French intelligentsia published an open letter in Le Monde defending three men charged with having sexual relations with children under the age of Fortunately, the mainstream culture has turned away from this pedophile-chic ethos.