European Court of Human Rights Rules Against France Over Mishandling of Rape Cases Involving Minors

European Court of Human Rights

The European Court of Human Rights (ECHR) ruled in favor of three women who reported being raped as minors, finding that French authorities failed to adequately protect them and properly investigate their cases. The court found that France violated key provisions of the European Convention on Human Rights, particularly those prohibiting inhuman or degrading treatment and safeguarding private life.

The three applicants—aged 13, 14, and 16 at the time of the alleged assaults—argued that their age and vulnerability were not sufficiently considered by French investigators and courts. In two of the cases, the ECHR cited a lack of promptness and diligence in the criminal proceedings. The court found that domestic authorities did not assess the surrounding circumstances appropriately, nor did they fully evaluate whether the minors had the capacity to understand and give valid consent.

The first case involved a 13-year-old girl who, in 2009, accused two 21-year-old firefighters of repeated sexual abuse. She had a history of psychological fragility and had been hospitalized multiple times in a children’s psychiatric ward. She reported having sexual relations with one of the men on several occasions and claimed that her contact information was later circulated among other firefighters, who then contacted her via text and social media. The ECHR found that the French justice system failed to protect her dignity, especially by allowing the use of guilt-inducing and stereotyped moralizing statements that could have undermined her confidence in legal authorities.

The second applicant reported being raped by two men aged 21 and 29 when she was 14 years old. The third woman stated she was raped at 16 by an 18-year-old man at her home following a party. In these cases, the court determined that French authorities failed to investigate thoroughly and did not appropriately consider the applicants’ ages and levels of vulnerability.

Although France has enacted legislation in recent years to strengthen protections against sexual abuse—including a 2021 law establishing that minors under 15 cannot legally consent to sex with an adult—the legal definition of rape in France still does not include the concept of consent. Currently, rape is defined in French law as involving violence, coercion, threat, or surprise, or occurring when the victim is under 15 and the perpetrator is at least five years older.

The ECHR clarified that its ruling does not establish guilt or innocence of the accused individuals but focuses solely on the actions and obligations of the French state. The decision is likely to intensify public debate in France over the necessity of incorporating consent into the legal framework for sexual offenses, especially following high-profile trials that have exposed gaps in the system.