Homophobia: What are your rights as a victim?
Verified 20 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The law specifically punishes insults, defamation, violence and discrimination, when they are based on the real or perceived sexual orientation of the victim. We are talking about homophobic abuse, defamation, violence and discrimination. If you are a victim or witness to these events, you can alert the emergency services and report the events. If you are a victim, you can file a complaint.
Insult or defamation
Homophobia is a manifestation of hatred against a person or group of people because of their real or perceived sexual orientation.
This sexual orientation is devalued by the perpetrator of the homophobic act, and it forms the basis of his hatred.
Homophobia is most often directed at individuals who have a minority sexual orientation in their business. Examples: homosexual, bisexual people.
Homophobic hatred can manifest itself in different areas of daily life: in schools, in the workplace, in places open to the public, etc. It manifests itself in abusive, violent or discriminatory words or acts.
Homophobic insult
Insult is a word, a writing or an expression addressed to a person with the intention of hurting or offending him.
Homophobia can be characterized by offensive language or writings that aim to devalue a person's real or perceived sexual orientation. Example: insults based on pejorative names of homosexuals.
Homophobic defamation
Defamation is the bringing to public attention of a fact that affects a person's honor or consideration.
Homophobia can be characterized by defamatory words or writings, which aim to devalue a person's real or perceived sexual orientation. Example: spreading false information attributing the origin of certain diseases to certain sexual orientations.
If the homophobic insult or defamation is published on the Internet, you can directly request their removal from the person responsible for the distribution medium: website, forum or social network.
Social networks or video hosts can also request the removal of such or such content in the name of respect for people. However, their conditions for withdrawal depend on their own criteria and not on French laws.
On the forums, messages deemed obscene or threatening can be reported to the officials.
Social networks also allow block one person, that is to say to prevent any contact.
You can alert social media managers directly:
The site PHAROS: titleContent, managed by specialized police and gendarmes, allows the reporting of illegal content on the internet.
Report illegal internet content (internet-reporting: Pharos)
You can report even if you are a minor.
Social networks often have their own reporting mechanisms. They evolve according to the general conditions of sale of the parent business and not according to French laws.
However, you can request removal of illegal content to their author or to the host of the site.
If you are a victim or witness to a homophobic act, you can contact the police or gendarmerie via instant messaging.
As a victim of homophobia, you can also contact the court's Victim Support Office. There is a victim assistance office in every court.
Who shall I contact
Limitation period
If you are a victim of homophobic insult or defamation, you can bring the perpetrator(s) of the crime against you.
The complaint must be filed within a limited period after the occurrence of the facts.
This period of time during which you must file a complaint is called the prescription.
It starts on the day of the 1era publication of the words or their oral pronunciation.
In the case of homophobic insults and defamation, the limitation period is 1 year.
Procedure
The procedure to use differs depending on whether you know the perpetrator of the insult or defamation.
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You know the author of the comments
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify 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)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
You don't know who said what
Insult or public defamation
The civil party complaint can be used directly.
Insult or defamation without public notice
The civil party complaint cannot be used directly. In order to use it, a simple complaint must be filed and dismissed, or it must have been unanswered for 3 months.
Insult or public defamation
The penalty shall be 1 year of imprisonment and €45,000 of fine.
Insult or defamation without public notice
The penalty is a contravention of €1,500 maximum.
Violence
Homophobia is a manifestation of hatred against a person or group of people because of their real or perceived sexual orientation.
This sexual orientation is devalued by the perpetrator of the homophobic act, and it forms the basis of his hatred.
Homophobia is most often directed at individuals who have a minority sexual orientation in their business. Examples: homosexual, bisexual people.
Homophobic violence is violence against people based on their real or perceived sexual orientation. There can be physical violence or moral violence.
Homophobic violence can manifest itself in different areas of daily life: in schools, in the workplace, in places where the public is welcome, etc. Examples include physical aggression on the street, harassment in schools.
If you are a victim or witness to homophobic acts, you can contact various services to ask for help, assistance, or support.
Alert emergency services
You can alert the Samu or the fire brigade if you need urgent medical attention following physical violence.
Who shall I contact
Samu - 15
For medical emergencies
By telephone
15
Free call from landline and mobile in Metropolitan France and Overseas
Works 24/7
Who shall I contact
Firefighters - 18
By telephone
Dial 18 in the event of an emergency involving a fire, a motor vehicle accident, a domestic accident, an explosion or release of toxic gases or vapors, a person at risk, drowning or flooding.
From a mobile phone, dial 112.
Call the police and gendarmerie
If you are in a situation that requires urgent law enforcement intervention, contact you by phone with the police or gendarmerie.
To call the police or gendarmerie in France urgently, you must dial the 17.
If the situation is not an emergency, call your local police or gendarmerie.
Who shall I contact
Emergency Police - 17
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.
If the situation is not an emergency, call your local police or gendarmerie.
By SMS
You can also send a free SMS to the 114. If you are unable to speak (danger, disability), you will then contact your correspondent in writing.
To call the police or gendarmerie urgently at one of the European Union countries, you have to dial the 112.
Who shall I contact
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
These numbers should only be used in case of emergency, where rapid intervention is necessary. You should not use them to report a crime that has occurred several days before for example.
If you are a victim or witness to homophobic acts, you can contact the police or gendarmerie via instant messaging.
As a victim of homophobia, you can also contact the court's Victim Support Office. There is a victim assistance office in every court.
Who shall I contact
Prescription
If you are a victim of homophobic violence, you can bring the perpetrator(s) to justice.
The complaint must be filed within a limited period after the occurrence of the facts.
This period of time during which you must file a complaint is called the prescription.
It starts on the day that the events occurred.
In the case of homophobic violence, the limitation period is 6 years if the facts constitute a offense, and 20 or 30 years in the case of crime.
Procedure
You can file a complaint with the police or gendarmerie, or with the Public Prosecutor.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify 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)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
Physical violence (punching, kicking...) and moral violence (threats, harassment...) are punished in the same way. The severity of the punishment depends on the extent of the victim's injuries.
The severity of the punishment depends on the extent of the victim's injuries.
Damage suffered by the victim | Penalty incurred |
|---|---|
No injuries or injuries | €750 fine |
Total incapacity for work (ITT) of up to 8 days | €1,500 of fine (€3,000 in case of recurrence) |
ITT over 8 days | 3 years imprisonment and €45,000 fine |
Mutilation or permanent disability | 10 years imprisonment and €150,000 fine |
Death (without intention of giving it) | 15 years imprisonment |
Murder | 30 years imprisonment |
Homophobic intent is an aggravating circumstance that allows the judge to impose harsher penalties.
Discrimination
Homophobia is a manifestation of hatred against a person or group of people because of their real or perceived sexual orientation.
This sexual orientation is devalued by the perpetrator of the homophobic act, and it forms the basis of his hatred.
Homophobia is most often directed at individuals who have a minority sexual orientation in their business. Examples: homosexual, bisexual people.
Discrimination is a difference of treatment on a ground prohibited by law.
Homophobia can manifest itself in discrimination against people whose real or perceived sexual orientation is misconstrued.
Homophobic discrimination is the criminalization of people based on their sexual orientation.
Homophobic discrimination can manifest itself in different areas of daily life: in schools, in the workplace, in places where the public is welcome, etc..... It manifests itself in abusive, violent or discriminatory words or acts.
Example: denial of a job or internship to a person because of their homosexuality.
If you are a victim or witness to homophobic acts, you can contact the police or gendarmerie via instant messaging.
As a victim of homophobia, you can also contact the court's Victim Support Office. There is a victim assistance office in every court.
Who shall I contact
You can also take the matter to the Defender of Rights to report the facts. The Defender of Rights will be able to accompany you in the steps to be taken to defend your interests.
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On the spot
You can make an appointment with a representative of the Defender of Rights.
Who shall I contact
By mail
Who shall I contact
Defender of Rights
By telephone (general information)
09 69 39 00 00
Cost of a local call
From Monday to Friday from 8am to 8pm
By post (to lodge a complaint with the Defender of Rights) By free post, without postage
Defender of Rights
Free answer 71120
75342 Paris cedex 07
Attention: attach photocopies of the documents relating to your referral to your post.
By E-mail
Access to contact form
Who shall I contact
You can file a complaint on the spot or by mail in a six-year period after the fact.
On the spot
You must go to a police station or a gendarme brigade of your choice.
You may not be refused the receipt of the complaint.
The complaint is then forwarded to the public prosecutor by the police or gendarmerie.
By mail
You can file a complaint with the public prosecutor.
We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.
Who shall I contact
The letter should specify 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)
- Names and addresses of any witnesses to the offense
- Description and provisional or definitive estimate of the damage
- Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
- Willingness to take civil action
File a complaint with the public prosecutor
Who shall I contact
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.
If the discrimination was committed in a professional context (refusal of a promotion, unfair dismissal, discrimination in hiring...), you can enter:
- The labor council for the private sector
- The administrative tribunal public sector. You can also take advantage of the functional protection.
Please note
a person who denounces discrimination, but does not suffer it himself, cannot be subject to professional sanctions.
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General case
The perpetrator faces up to three years in prison and €45,000 of fine.
Discrimination in a public place
If the perpetrator is a public official (in a city hall, a prefecture, in Pôle emploi...) and committed the acts in the course of his duties, the sentences can be up to 5 years in prison and €75,000 of fine.
Discrimination in an administration
If the perpetrator is a public official (in a city hall, a prefecture, in Pôle emploi...) and committed the acts in the course of his duties, the sentences can be up to 5 years in prison and €75,000 of fine.
Penalty for discriminatory non-public insult
Penalty for public insult
Penalty for non-public defamation of a discriminatory nature
Penalty for public defamation
Cases of discrimination and criminal sanctions
Criminal sanctions for a public official who discriminates
Sentences for willful violence
Aggravating circumstance related to sexual orientation
Online service
Ministry of the Interior
Ministry of Education