|
The campaigns of prevention and information on the maltraitance towards the miners almost everywhere increased since some years. But in France, one counts again today more than 19 000 children maltraités1. And the sexual abuses are numerous. According to the National observatory of the Social action Decentralized (ODAS), the 5000 sexual abuse descriptions done in 1998 would represent close to the third of the cases of maltraitance at the children. ..A sexual abuse, that what is? The sexual abuse is defined like "all involvement of a child or a teenager to sexual activities that it is not able to understand, that is inappropriate to his age and to his development psychosexuel, that it undergoes under the constraint, by violence or seduction or that transgresses the taboo sociaux"2. Exhibitionism, pictures or pornographic subjects, caresses, kissing, touching, demand of masturbation, attempt of rape or rape. In any case, committed within the family or by an outside person, it is about an abuse of power that lets serious psychological aftermaths to the child if he is not taken in time in charge. ..What does the law say? The description Anyone (family, setting, teachers) must signal a child victim of a sexual abuse by the administrative or judicial authorities (judge of the children, district attorney of republic, president of the general advice), at the risk of being in situation of non aid to no one in danger. The judicial procedure She starts with a complaint, a denunciation or a description to the district attorney of Republic before the end of the prescription delay (of 3 to 10 years after the victim's majority following the gravity of the acts). Follows an investigation of state police, police or the judge of instruction to demonstrate the reality of the accusations, to harvest the proofs, to qualify the break-in and to fear the author. This investigation accompanied maybe by auditions of people implied, of medical exams, of searches. Since 1998, the Guigou law plans the audiovisual registration of the victim's testimony to minimize his psychological sufferings at the time of a confrontation. The pains The Penal Code punishes of 20 years of criminal reclusion a rape committed on a miner of 15 years, to 30 years if this act dragged the victim's death. For the other aggressions that the rape, the incurred pain is of 5 years of confinement and more of 75 000 euros of fine for an act committed on a miner of 15 years. She is repulsed to 10 years of confinement and more of 150 000 euros of fine for aggravating circumstances if the aggression has been committed by a parent or a person abusing his authority (teacher, animator, physician.). And rise to 2 years of confinement and more of 30 000 euros of fine for an act committed on an aged miner of more than 15 years and non emancipated by the marriage. ..To whom to address in case of danger? In case of danger, the victim or a person who suspect or knows the situation of suffering of this last must: To call the 119 (Hello mistreated Childhood): National, available toll-free number 24h on 24. Of the psychologists, physicians, jurists and social workers are there to listen, to inform and to orient according to the case, in all anonymity,; To call the 0800 05 95 95 (Rapes Women Information): This association is specialized in struggle against the sexual violences inflicted to the women and the young children; To contact a physician.
According to the Code of medical deontology, this one " must set in motion the most adequate means to protect the miner victim of cruelties or deprivations". The new penal Code (1994) imposes or allow the revelation of the medical secret in this situation. The physician will conduct the medical observations and will possibly propose a hospitalization to protect the child; To go to the state police or the police, to the social services or to the judge of the children to lodge a complaint there (without necessary parental agreement). ..The prevention by information Today, he remains delicate to estimate the importance of the sexual abuses precisely. The children reveal them late or to the adult age, by worry to preserve a domestic structure, by guilt, doubt or fear not to be grown. The studies show that the maltraitance towards the children takes place, in 92% of the cases, in a difficult domestic setting (bursting of the couple, alcoholism, economic difficulties). It is therefore as upstream, within the family (by the intervention of structures as the services protective maternal and infantile and other social services) or in the school environment, with regular countries of information, that it is necessary to act. 2008-12-18
|
