Sexual or gender-based offending
Verified 01 April 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Are you a victim of sexist or sexual speech? This may be a gender or sexual offense for which you can file a complaint. Indeed, sexist or sexual offending is punishable by law. Since 1er april 2023, aggravated gender or sexual offending is no longer considered a contraventionbut as a offense.
Definition
Gender-based or sexual outrage is the imposition of a sexual or gender-based statement or behavior that violates a person's dignity or exposes a person to an intimidating, hostile or offensive situation.
Example :
Offensive comments about female gender (sexist outrage)
Sexual offers to a stranger (sexual outrage)
Applicable penalty
Sexist offending is punishable by a fine of €1,500.
Definition
Aggravated sexual or gender-based outrage is any speech or conduct of a sexual or gender nature directed at a person. Such speech or conduct must violate dignity because of its degrading or humiliating nature, or create an intimidating, hostile or offensive situation, and must be committed in any of the following circumstances:
- Contempt by a person who abuses the authority conferred on him by his duties
- Offense against a minor
- Offense against a person whose particular vulnerability due to his age, illness, disability, physical or mental disability or pregnancy is apparent or known to the perpetrator
- Offense against a person who is particularly vulnerable because of his apparent or known dependence on the author, a vulnerability caused by the precariousness of his economic or social situation
- Offense committed by several persons acting as perpetrator or accomplice
- Offense committed in a vehicle used for the collective transport of passengers or for private public transport or in a place intended for access to a means of collective transport of passengers
- Contempt on the basis of the sexual orientation or gender identity, real or perceived, of the victim
- Contempt committed by a person who has already been convicted of the offense of sexual and gender-based contempt and who commits the same offense while being a repeat offender
Example :
Offensive remarks about gender (female or male) directed at a person on the street or in transportation (aggravated sexist outrage)
Sexual offers to strangers on the street or in transit (aggravated sexual insult)
Applicable penalty
Aggravated gender or sexual outrage is offense. He shall be punished by a fine of €3750.
The fine may be accompanied by additional penalties for following a traineeship (e.g. citizenship) or work of general interest.
Contact the police or gendarmerie by telephone
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.
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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)
Contacting the police or 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.
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
In the private sector
If you are a victim of sexual or gender-based contempt in your workplace, you can report the incident to staff representatives and the Social and Economic Committee (ESC).
You cannot be punished for having reported these facts, unless the report is based on imaginary facts.
In the public service
You can use the public service reporting system for violence, discrimination, psychological or sexual harassment and gender-based behavior.
This reporting scheme comprises 3 types of procedures to be put in place by the employer:
- A procedure for the collection of reports by officials who are victims of or witnesses to psychological or sexual harassment,
- A procedure for referring victims to the competent services and professionals responsible for their support,
- A procedure for referring victims or witnesses of such acts or acts to the competent authorities in order to take all appropriate protective measures and ensure the treatment of reported incidents, in particular by carrying out an administrative inquiry.
Your administration should establish the means by which you can make this report to the competent authority. It also includes the information and documents you need to provide to support your report.
A public official must be informed by his or her hierarchical authority of the existence of the alert system, its use and the procedures it provides for.
The system must ensure the strict confidentiality of the information transmitted by the victim or witness during the processing of the alert.
You can file a complaint to have the perpetrator of the sexist or sexual outrage you have suffered prosecuted and a legal action taken against him.
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.
If police or gendarmerie officers witness the facts, they can draw up a statement attesting to the reality of the offense.
Failing that, it is up to you as the complainant to prove the facts. All evidence collected by you will be reviewed by the court:
- testimonies
- sms captures, emails
- recordings of conversations even without the author's knowledge....
Sexual or gender-based offending
Gender or sexual offending aggravated
Online service
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Ministry of Justice