Abstract
AbstractIn France, the 2021 Act regarding sexual offences recognized incest as an autonomous offence. Previously, the French Penal Code traditionally prohibited incest as an aggravating circumstance based upon minority or the family relationship between the perpetrator and the victim. The problem was that, according to the strict construction principle, the judges had to determine the sexual offence, in turn supporting the aggravating circumstance of incest. To do so, they had to look for the evidence of the lack of consent determined by “violence, constraint, threaten or surprise”. The 2021 Act is the conclusion of several controversial reforms considering this issue.
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