Fighting rape: the journey of persons who have been victims of rape
The definition of the crime of rape (French law)
Rape is defined by the French Penal Code as: "Any act of sexual penetration, of any kind, or any oral-genital act committed on the person of another person or on the person of the perpetrator by violence, constraint, threat or surprise is rape. (Article 222-23 of the Penal Code).
One of my clients, a woman victim of rape, called the police immediately after the rape. She immediately pressed charges and was seen by doctors at the medico-judicial units. The rapist was sentenced by the court to a prison sentence (7 years) and to pay damages to the victim. I know that these situations are rare.
1. Rape culture
Rape culture has a huge impact on victims who grew up in a context that trivialises and normalises rape. Some of them are not able to name the assault they have suffered.
Among other, they hear/are told that: it is "play" between children or adults or that it is "normal" in the development of sexuality, etc.
2. Traumatic amnesia
After a rape, the memory can block out the remembrance of the act sometimes even for several years. This applies both to minors and adults.
A woman once told me: "I don't know about sexual violence". A few minutes later, she explained to me that when she was 8 years old and at swimming lessons, one day the light in the pool went out for a few minutes. During this time, a boy from her team came up to her and put his finger in her vagina. This was rape.
3. Find a caring contact person
It is important, when the traumatic amnesia is lifted, to find a caring person to talk to if the person feels the need. It is important to understand that family and friends are not necessarily the right people. It is important to know how to distance oneself from those who do not understand, to know how to put aside their sometimes brutal and very hurtful reactions.
4. Finding professionals
If the person who has been a victim feels the need to do so, he/she can consult a lawyer or a specialized NGO in order to legally name the acts committed and to analyse the situation in order to use - or not - the tools of the legal system (depending on the needs of the person victim).
The legal system allows for protective measures to be sought if necessary and for damages.
5. Analysis of the situation
The analysis should include :
- check whether pressing charges is admissible according to the date when the rape was committed (statute of limitation).
- provide the person victim with all the information she/he needs to consider the possibility and the interest for him/her to press charges and take legal action.
Note that: even if pressing charges is not admissible, it is possible to make a report to the public prosecutor.
The firm is available to advise and assist you.
