Some infractions

Rape and sexual assault

Rape and sexual assault are two frequent and complex offenses to characterize. They both constitute infringements of sexual freedom .

RAPE

Rape is defined in article 222-23 of the Penal Code as being "any act of sexual penetration, of any nature whatsoever, committed on the person of another or on the person of its perpetrator, with violence, threat. , constraint or surprise " .

1 ° The material element. It is characterized by the act of sexual penetration. This means that a sexual organ must be penetrated, by any object or part of the body. If a non-sexual organ is penetrated, it must be penetrated by a sexual organ or an object with a sexual connotation (for example, a stick covered with a condom).

Penetration can also be committed on the victim, but also on its author: a person by penetrating another can be the victim of rape (this last point is a novelty, created by the law n ° 2018-703 of August 3, 2018. ).

2 ° The moral element.

3 ° Repression.

SEXUAL ASSAULT

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Sexual abuse of a minor

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Discrimination and harassment

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Slanderous denunciation, defamation and insult

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Outrage and rebellion

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Failure to assist a person in danger