Until a year ago, minor victims had to prove that they were not consenting to a sexual relationship for it to be qualified as rape by the courts. In April 2021, the law changed to better protect minor victims.
A new article of the criminal procedure code now stipulates that any minor under the age of 15 having a sexual relationship with an adult who is at least 5 years older does not need to prove their consent. Automatically the non-consent is acquired. It is up to the author to prove the opposite in court.
This is what a man did before the Assize Court of Guadeloupe in early May. The individual, a father, was accused of repeatedly raping a friend of his daughter, in this case a 14-year-old girl. The facts occurred in Saint-Martin during the year 2015. During the four days of trial, he tried to demonstrate that the young girl was consenting.
"Despite the age of the facts and the guarantees of reintegration of the accused, the Assize Court decided to send a strong signal by pronouncing a sentence of 5 years' imprisonment and noted the registration in the file of perpetrators of sexual or violent offences”, declare masters Tillard and Hatchi, the victim's lawyers. A warrant of committal was also pronounced, the man was imprisoned immediately. (soualigapost.com)
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