French

Rape, defined and punished by articles 222-23 et seq. of the French Criminal Code, is a crime defined as “any act of sexual penetration, of any nature, or any oral-genital act committed on another person or on the perpetrator by violence, coercion, threat or surprise”. 

Rape is punishable by 15 years’ imprisonment, or 20 years if there are aggravating circumstances. 

1. An act of sexual penetration 

Rape requires an act of sexual penetration of any kind: vaginal, anal (sodomy), oral (fellatio), or the insertion of objects provided the act is of a sexual nature. 

These acts can be committed or suffered by either the perpetrator or the victim; by a man or a woman. 

If there is no act of sexual penetration, the act may be considered a sexual assault. 

2. Lack of consent 

The lack of consent results from the perpetrator’s use of violence, coercion, threats or surprise. 

Coercion, like violence, may be physical or moral. 

When the act is committed against a minor, moral coercion or surprise may result from the age difference and the authority (legal or de facto) that the perpetrator has over the victim. These conditions are cumulative, but a significant age difference between the minor victim and the adult perpetrator constitutes a de facto authority. 

When the act is committed against a minor under the age of fifteen, moral coercion or surprise are characterized by the abuse of the victim’s vulnerability and lack of discernment. 

Threat may be explicit or implicit. 

Surprise may be by deception or trickery. 

The question of consent no longer arises in all cases: when the act is committed on a minor under the age of fifteen and the age difference between the minor and the adult perpetrator is at least five years, it is automatically rape. In this case, the penalty is 20 years’ imprisonment. 

On the other hand, the “Romeo and Juliet” clause means that sexual relations between an adult and a minor under the age of 15 are not automatically considered rape when the age difference between the two is less than five years (for example, 14 and 18). 

3. Intention to commit rape 

As rape is a crime, the intentional element must be present, which is the will of the perpetrator to commit the sexual penetration and the awareness of imposing this act on a victim who does not consent. 

Aggravating circumstances 

Rape is punishable by 20 years’ imprisonment when committed under the following aggravating circumstances: 

• when it has resulted in permanent mutilation or infirmity 
• when committed on a minor under the age of fifteen 
• when committed on a person whose vulnerability, due to age, illness, infirmity, physical or mental deficiency or pregnancy, is apparent or known to the perpetrator 
• when committed on a person whose vulnerability or dependence resulting from their precarious economical or social situation is apparent or known to the perpetrator 
• when committed by an ascendant or any other person with authority over the victim 
• when committed by a person who abuses the authority conferred by his/her position 
• when committed by several people acting as perpetrators or accomplices 
• when committed with the use or threat of a weapon 
• when the victim has been put in contact with the perpetrator through the use of an electronic communication network 
• when committed in conjunction with one or more other rapes on other victims 
• when committed by the victim’s spouse, partner or civil union partner 
• when committed by a person in a state of obvious drunkenness or under the influence of drugs 
• when committed, in the exercise of this activity, on a person who engages in prostitution, including on an occasional basis 
• when a minor was present at the time of the crime and witnessed it 
• when a substance has been administered to the victim, without his/her knowledge, to impair his/her discernment or control over his/her actions 

Rape is punishable by 30 years’ imprisonment when it results in the victim’s death, and by life imprisonment when it is preceded, accompanied or followed by torture or barbaric acts. 

Incest 

Rape is incestuous when the act is committed by an adult on a minor when the adult is: 

• an ascendant 
• a brother, sister, uncle, aunt, great-uncle, great-aunt, nephew or niece 
• the spouse or partner of one of the above-mentioned persons if he/she has de jure or de facto authority over the victim 

When the rape is incestuous, the penalty is 20 years’ imprisonment. 

When the perpetrator of a sexual offence has parental authority over the minor (victim), this authority can be withdrawn, or its exercise withdrawn (as well as from the victim’s brothers and sisters). 

Spousal rape 

Rape can be constituted regardless of the nature of the relationship between the perpetrator and the victim, even if they are spouses. The fact that the rape is committed by the victim’s spouse or partner, or by a partner bound to the victim by a civil solidarity pact, is even an aggravating circumstance. 

Prescription 

Since February 2017, the victim of a rape has 20 years from the commission of the act to file a complaint. 

When the victim is a minor, this limitation period is extended to 30 years from the date of his/her majority. This means that a minor victim of a rape can file a complaint up to the age of 48. 

The limitation period for the rape of a minor is also extended when the perpetrator commits a new sexual offence against another minor before the expiry of the initial period: the limitation period for the first rape is extended until the date of prescription of the new offence. 

Your criminal defense with Me Lois Pamela LESOT

Are you a victim or accused in a rape case?
Consult a lawyer: Me Lois Pamela LESOT – +33.(0)6.52.02.54. 42 – lesot@loispamelalesot.com

The firm regularly assists and defends victims or accused in rape cases, as well as all criminal offenses, such as domestic violence, sexual assault, revenge porn, etc.

If you wish to file a complaint for rape, you can consult this article.

Date of the article : March 20th 2025 | Par Lois Pamela LESOT