Proposed bill to make incest a specific crime in France welcomed by children's groups • FRANCE 24

Key Concepts

• Criminalization of Incest: The proposed legislation in France aims to establish incest as a specific criminal offense.
• Absence of Specific Incest Crime in French Law: Historically, incest has not been a distinct crime in French law, but rather a qualifier for other sexual offenses.
• Statute of Limitations: The bill seeks to make statutes of limitations non-applicable for sexual crimes committed against minors, particularly in cases of incest.
• Dissociative Amnesia: A psychological condition where victims of trauma, including incest, may not fully remember the events or perpetrators due to a coping mechanism.
• First Cousins: The bill proposes to expand the definition of incest to include sexual relations with first cousins.
• Crimes Against Humanity: The argument that incest should be treated with the same legal weight as crimes against humanity, which are imprescriptible (not subject to statutes of limitations).
• Public Opinion vs. Legislative Action: The significant public support for these changes contrasted with the slow pace of legislative reform.

Criminalizing Incest in France: A Move Towards Victim Protection

This summary details a significant legislative development in France where a bill is being submitted to the Senate to criminalize incest. The proposed law aims to provide enhanced protections for victims and ensure stricter punishment for perpetrators by creating a specific criminal offense of incest.

Current Legal Landscape and the Need for Change

Iris En, the learning coordinator at Fes Alances, explains that the concept of incest has been notably absent from French law for centuries. While civil law prohibits marriage between family members, incest as a broader sexual offense has not been a distinct crime. It was only in 2021 that the term "incest" was reintroduced into criminal law, but solely as a qualifier for existing sexual offenses, such as "incestuous rape" or "incestuous sexual assault on a child." The current bill represents a crucial step forward by establishing incest as a standalone criminal offense, which is seen as a vital recognition of victims.

Shocking Statistics and Systemic Challenges

The scale of the problem in France is highlighted by alarming statistics: a child is a victim of incest, rape, or sexual assault every three minutes. Despite this prevalence, less than 1% of complaints for incestuous rape or sexual assault result in a conviction. En points out that the justice system struggles to effectively prosecute perpetrators. Many victims are deterred from filing complaints due to the arduous and often re-traumatizing legal process. The presumption of innocence for perpetrators can, in practice, lead to a "presumption of lie" for victims, as their testimonies are often met with disbelief. This is attributed to a deep-seated societal taboo surrounding incestuous sexual violence against children, making it difficult for the system to "hear the victim when they speak up."

Abolishing the Statute of Limitations: A Long-Standing Fight

A key component of the proposed bill is the abolition of statutes of limitations for sexual crimes committed against minors. Fes Alances has been advocating for this change for over 20 years. Initially, this claim received little attention, but now, 90% of French citizens support this legal reform. This shift in public opinion is attributed to successful precedents in other countries, such as Belgium, and more significantly, to the impact of movements like #MeToo (referred to as "me too incest" in the transcript), which have raised societal awareness and understanding of victims' needs.

The Impact of Dissociative Amnesia on Reporting

The delay in victims speaking out is often linked to dissociative amnesia, a trauma-induced condition. En states that 40% of childhood sexual violence victims and 50% of incest victims suffer from this. Dissociative amnesia means victims may not recall specific details of the assault or even identify the perpetrator, experiencing only flashbacks. This makes it incredibly challenging for them to file complaints, especially considering that victims take an average of 17 to 20 years to remember what happened. The removal of statutes of limitations is therefore crucial to allow these victims the time and space to process their trauma and seek justice.

Expanding the Definition of Incest to Include First Cousins

The bill also proposes to broaden the definition of incest to include first cousins. This is a significant inclusion because first cousins account for 20% of declared perpetrators of incest. Currently, victims of incestuous relations with first cousins are not recognized as victims of incest, despite the crime sharing similar characteristics with other forms of incest, such as familial proximity, power dynamics, and the denial of the familial relationship due to the sexual violence.

Public Support and Legislative Hurdles

The widespread public support for these changes, as evidenced by the Ipsos poll showing 90% in favor of removing statutes of limitations, raises the question of why legislative action has been slow. En explains that legal changes in France are inherently time-consuming. Historically, the only crimes exempt from statutes of limitations are crimes against humanity, such as genocide. Fes Alances argues that incest should be considered a "crime against humanization" and therefore be imprescriptible.

Next Steps and Advocacy

The bill is scheduled to be submitted to the Senate in early January 2026, with hopes of being passed into law. Fes Alances plans to maintain pressure through advocacy and will participate in protests, particularly around the International Day for the Rights of Children. They are relying on lawmakers to align with public opinion and pass this crucial legislation. The organization believes they have done all they can to raise awareness through extensive media coverage and now await the legislative process.