INTERVIEW – To consider that an 11-year-old girl can have free and informed sexual consent is both absurd and dangerous, according to child psychiatrists.
He is 28, she is 11. A man is accused of forcing sex on a girl. However, the prosecution of Pontoise (Val-d’Oise) did not accept a qualification of rape; the man is being prosecuted for “sexual assault”. The magistrates considered that the young girl, having given her consent, had consented to the sexual relation.
But what is the sexual consent of an 11-year-old child to an adult? The reclassification of rape as sexual assault outraged child psychiatrists. This, especially since such an approach risks seriously harming the reconstruction of the victim, as explained by Dr. Xavier Pommereau, child psychiatrist, head of the Aquitaine Pole for adolescents at the Bordeaux University Hospital.
In 2017, can 11-year-olds be considered sexually consenting?
Dr Xavier Pommereau: Of course not. Even if we can consider that there are variations according to ethnic origin – in certain situations, young people mature faster – as far as our country is concerned, adolescents, before the age of 14, are young people. people for whom we cannot speak of agreement and consent when they are under pressure from an adult.
From a child psychiatric point of view, the consent of a child solicited by an adult has no valid admissibility, even if the child seems to adhere to this solicitation. At 12, one cannot be considered as consenting and understanding the full meaning of sexual solicitation.
Does failure to recognize rape status harm the reconstruction of young victims?
Dr Xavier Pommereau: Sure. Recognizing the status of a rape victim is a necessary step in reconstruction. It is catastrophic for this young girl to consider her responsible at 11 years old. The social body must give a framework and limits to its actions. This child needs to know that although she has given her consent in good faith, society believes that this agreement is not valid.
This allows her to be placed in her age category, and to reduce the feeling of guilt linked to the apparent consent that this girl has given. Getting out of guilt is a necessary part of rebuilding yourself after rape.
Can the media coverage of the case harm the reconstruction of the victim?
Dr Xavier Pommereau: Not necessarily. The media coverage of this case shows that there is something abnormal in this society that makes an 11-year-old a sexually responsible person. This media coverage will hopefully change things. There is a gap in the legislation that will need to be filled, especially since the number of sexual abuses of minors seems to be increasing.
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