Rape of an adult
Verified 10 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)
An act of sexual penetration was imposed on a person by another person? It could be rape. This crime is characterized when the act of penetration is committed with the use of violence, threats, physical or psychological coercion or by surprise. Anyone who has been raped can call for help, call a victim support center, and file a complaint. We present you with the information you need to know.
Warning
This page presents the situation of rape of an adult.
If the rape is committed against a victim under 18, the applicable rules are different.
Rape is committed when an act of sexual penetration is imposed by one person on another. This crime is characterized when the perpetrator has used violence, threats, physical or psychological coercion or surprise.
Sexual penetration may be vaginal, anal, or buccal penetration, done by the sex, fingers, other body part, or an object.
Example :
Rape may be characterized in the following situations:
- Act of sexual penetration imposed on a person who is severely beaten by his attacker (violent rape)
- Act of sexual penetration imposed on a person who is forcibly restrained in a closed place but not beaten (rape with physical coercion)
- Act of sexual penetration imposed on a worker by his hierarchical superior, in particular following an sexual harassment (rape with moral compulsion)
- Act of sexual penetration imposed on a person by an armed aggressor (rape with threat)
- An act of sexual penetration committed against a person who is sleeping, under the influence of alcohol or drugs, or who is vulnerable because of their state of health (surprise rape)
Rape can be used regardless of the relationship between the perpetrator and the victim (e.g. imposing sexual penetration on the spouse using violence is rape).
The perpetrator of such an offense is also punishable even if the acts took place abroad if the victim is a minor or usually resides in French territory.
FYI
If there has been no penetration, it is a sexual assault.
Alert the police and gendarmerie by phone
In case of emergency, and only in this situation, it is possible to alert the police or gendarmerie by telephone. People with hearing or language impairments can contact these services via SMS.
Répondez aux questions successives et les réponses s’afficheront automatiquement
By telephone
In case of emergency, when a quick intervention is necessary, you can call Police-Emergency. Dial 17.
You can also contact the European Emergency Service by dialing the 112.
Who shall I contact
Emergency Police - 17 (by phone)
By telephone
Dial 17 in the event of an emergency involving a road accident, a breach of public order or a criminal offense. A team of police or gendarmes will be on hand.
You can also dial the 112. You will then be directed to the right service according to your case. The 112 can be used in all European Union countries.
If the situation is not an emergency, call your local police or gendarmerie.
European emergency number - 112
112
Emergency number to be used for a call from a European country or from a mobile phone
24/7
Free call
You can't call
114 is the emergency call relay service if you are unable to speak on the phone (deaf, hard of hearing ...) or if it could put you in danger.
Who shall I contact
Deaf and hard of hearing emergency number - 114
By SMS at 114
Free 24/7 access
Via the emergency mobile application 114 or the website www.urgence114.fr
Free 24/7 access
Contact possible via:
- Video telephony: I communicate in sign language
- Chat: I communicate in writing
- Voice / Return text: I speak and 114 responds to me in writing (or vice versa)
The police station or gendarmerie must be visited as soon as possible after the assault to allow investigators to make any useful findings.
Alert the police and gendarmerie via instant messaging
An instant messenger (chat) allows you to chat with a police officer or a member of the gendarmerie. Chat history can be deleted from your computer, mobile phone or tablet at any time.
Alert Transit Security Officers
If you are a victim or witness to an assault on public transportation, you can contact an officer 24 hours a day, call 3117 or text 31177.
You can also download the 3117 app.
Thus, the victim is located more quickly and the triggering of the intervention of the agents is facilitated.
You must complain to call on the judiciary to search for the perpetrator of the rape and to convict him.
Form of complaint
On the spot
You can go to a police station or a gendarme brigade of your choice.
The police or gendarmerie refer the complaint to the public prosecutor.
If the police or gendarmerie refuse to take your domestic violence complaint, you can alert the competent control authorities.
Submit online to the Inspectorate General of the National Police
Contact the Inspectorate General of the National Gendarmerie online
By mail
You can file a complaint with the public prosecutor.
To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
Your mail should include the following:
- Your marital status and full contact information (address and telephone number)
- Detailed account of the facts, date and place of the offense
- Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
- Name and address of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Your proof documents: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.
You can use the following mail template:
File a complaint with the public prosecutor
You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.
You can also file your complaint directly at the courthouse.
In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.
The presence of a lawyer is not mandatory for the lodging of a complaint and throughout the procedure until the trial before the correctional court. However, you can get legal assistance if you wish.
Deadline for filing a complaint
You have 20 years from the date of the facts to lodge a complaint.
After the expiry of this period, your complaint for rape will no longer be admissible.
This is called the limitation period.
Several structures can provide you with support as a victim of a sexual offense.
The site Victims' Journey guides you through each step.
Who shall I contact
Violence Women Info - 3919
Listen, inform and refer women victims of violence, and witnesses to such violence.
Addresses physical, verbal, or psychological abuse, at home or at work, and abuse of any kind (including sexual harassment, assault, and rape).
Does not deal with emergencies (it is not a police or gendarmerie service).
For other types of violence, 3919 provides a first-level response and directs or transfers to a useful number.
By telephone
39,19 (free call from a landline or mobile phone in metropolitan and DOM)
Open 24/7
Anonymous call
Call not on phone bills
116 006 - Victim Assistance Number
Listen, inform and advise victims of crime and their families.
By telephone
116,006
Free call
Open 7 days a week from 9am to 7pm
The service can also be accessed by calling the +33 (0)1 80 52 33 76 (Normal pricing number).
By email
victimes@france-victimes.fr
You can also hire a lawyer if you want to take legal action.
Who shall I contact
Appointment of the investigating judge
Rape is a crime and an investigative judge must be appointed to conduct the investigation.
The investigating judge can be seized by the public prosecutor when you file a simple complaint.
When you file a civil party claim, the investigating judge in charge of the case shall be appointed by the Dean of the investigating judges.
Collection of evidence
Different kinds of evidence
Apart from DNA traces and possible injuries, all other evidence you yourself have collected can be examined by the court.
It can be testimonials, sms captures, emails, recordings of conversations even without the author's knowledge, clothes.
Medical evidence
It is important to preserve all clues (fingerprints, DNA traces...) that could be used to identify the perpetrator and to have him convicted in court.
Clothing worn at the time of the assault should be kept and washing should be avoided.
At the request of the police or gendarmes, you can be examined by a doctor. It examines any injuries and looks for DNA. The doctor can also look for any trace of drugs that may have been delivered to you by the perpetrator of the rape (GHB type or rapist's drug). The doctor should give you a medical certificate stating whether or not you have any injuries.
Aids screening and, if necessary, pregnancy testing may be done.
Right to counsel
If you are a victim of rape, you have the right to be assisted by a lawyer at all stages of the legal process.
Your lawyer can be present at all confrontations between you and the person suspected of having committed the rape, and at all your hearings by the police or by the judge.
Please note
you can get financial help to pay your legal fees, thanks to legal aid, if you meet the resource requirements.
You can get advice on the preparation of your case and on legal aid from the house of justice and the law.
Who shall I contact
If the investigating judge considers that there is sufficient evidence to consider rape, the case will be referred in a Court of Assize or Criminal Court. This decision is not up to the parties to the trial.
Public Hearing
In principle, trials before the criminal court and the criminal court are public, meaning that anyone can attend the hearings.
But even if the trial is public, it is forbidden to share your images or information about your identity, without your written consent.
Failure to comply with this rule shall be punishable by a fine of €15,000.
In camera at the request of the victim
If you want the trial is not public, so it is possible to request that there be in the room only those directly involved in the case (victims, accused, witnesses...).
It's called in camera.
The court can accept your request and order it to go in camera, but it is not obliged to do so.
The perpetrator of a rape is liable to both main and additional penalties. Where it is found to be criminally irresponsible, specific sanctions apply.
FYI
When the perpetrator has attempted to rape a person, he or she will the same penalties only if the rape had actually taken place. This is called attempt of rape.
Principal penalties
Rape may be committed with or without aggravating circumstances. In the two cases, the perpetrator is subject to criminal sanctions.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Rape without aggravating circumstance
The perpetrator of a rape shall be punished by up to 15 years of criminal imprisonment.
This penalty may be increased when the rape was committed with aggravating circumstances.
Aggravated rape
The maximum penalty is 20 years of criminal imprisonment in the following cases:
- The perpetrator of the rape is ascendant, a person having authority over the victim (teacher, employer, etc.) or a person abusing the authority entrusted to him by his duties (police officer, etc.)
- The rapist lives in pairs with the victim
- The rapist drugged the victim
- The perpetrator was under the influence of alcohol or narcotics
- The rapist contacted the victim via the internet
- The victim was particularly vulnerable (disabled, sick, pregnant, poor)
- Rape was committed against a person who was engaged in prostitution, including occasionally, in the course of that activity
- Rape was committed in the presence of underage children
- Rape resulted in mutilation or permanent disability
- The rape was committed because of the victim’s sexual orientation or gender identity (real or perceived)
- Rape was committed with the use or threat of use of a weapon
- The rape was committed by several persons acting as perpetrators or accomplices
Additional penalties
The judge may also sentence the author to one or more of the following additional penalties:
- Injunction of care in the context of socio-judicial follow-up
- Prohibition of stay in certain places (e.g. the home of the victim) for up to 10 years
- Prohibition from holding public office
Penalties for indiscriminate conduct
The perpetrator of a rape, who is found criminally irresponsible because of a temporary disorder caused by excessive substance use, may be convicted for that use.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The applicable penalty is 7 years imprisonment and €100,000 fine.
Rape with torture, barbarism, or death
If the rape was committed with acts of torture or barbarism, or resulted in the death of the victim, the applicable penalty is 10 years imprisonment and €150,000 fine.
History of murder while under the influence of psychoactive substances
The punishment varies depending on whether the rape was committed with torture or barbarism, or whether it resulted in the death of the victim.
Rape without torture or barbarism and without causing death
Where the perpetrator of the rape has already been found criminally irresponsible for murder, because of a condition caused by the same willful use of psychoactive substances, the applicable penalty shall be 10 years imprisonment and €150,000 fine.
Rape with torture or barbarism or resulting in the death of the victim
If the person, who has already been found criminally irresponsible for a murder, committed the rape with torture or barbarism, or if the rape resulted in the death of the victim, the penalty shall be increased to 15 years of criminal imprisonment and €150,000 fine.
Criminal record
The conviction for rape is recorded in the convicted person's criminal record and his or her name is recorded in the sex offenders index.
To claim compensation for rape, you have three options:
- Constitution of a civil party and claim for compensation at the time of the criminal trial (before the Assize Court or the Criminal Court)
- Claim for compensation before the civil judge, once the criminal judge has rendered his judgment
- Request for compensation from the Victims Guarantee Fund.
Definition of rape and penalties
Service-Public.fr
Service-Public.fr
Service-Public.fr
Ministry of Justice
Ministry of Justice