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Gender-based and sexual violence is deeply rooted in the words and behaviours of individuals. Women are confronted with it daily and throughout their lives. This violence is a violation of human rights. They cause suffering and trauma to the victims who have experienced them. Eradicating them must be a priority for our governments. The purpose of this policy brief is to take stock of the situation of gender-based and sexual violence against women in France as well as to propose recommendations, drawing inspiration in particular from what has been done abroad. 

Introduction

November 25 is the International Day for the Elimination of Violence Against Women. This day is a reminder that gender-based and sexual violence is a persistent problem in the patriarchal society1 in which we live in. Since October 2017 and the start of the #MeToo movement, the voices of victims of violence have gradually been released, and the use of the term “sexist and sexual violence” has gradually become commonplace. The Adrien Quatennens case2, member of the La France Insoumise party, as well as all the other cases that have been revealed by the media, testify to the awareness of public opinion in terms of gender-based and sexual violence. If the use of this term has become popular, its content remains unclear for many. So, how do we define gender-based and sexual violence? “Sexist violence” is violence based on the power relations that exist in society, in favour of men and to the detriment of women. We also speak of “gendered violence”. “Sexual violence” refers to any act of a sexual nature without consent3. Some authors prefer the term “sexual damage” which encompasses “all damage affecting the sexual sphere, namely: morphological damage related to damage to the primary and secondary sexual organs resulting from the damage suffered, harm related to the sexual act itself which is based on the loss of pleasure related to the performance of the sexual act, whether it is the loss of desire or libido, the loss of the physical capacity to perform the act, or the loss of the capacity to access pleasure, the prejudice linked to an impossibility or difficulty in procreating”4. By using the term sexual harm, we thus perceive “the attack, in all its forms, on sexual life”. The definition does not only take into account physical violence, but also gender stereotypes, which can play a significant role in sexual violence.

Sexist and sexual violence is plural and takes different forms: sexist remark, harassment, touching, physical violence, rape, forced abortion, sexual slavery, excision, femicide, etc5. Among these multiple forms of violence, rape is the most symbolic act of male domination. This is a break in the victim’s body. The rapist allows himself to dispose of the body of others, for his own pleasure, while thinking he is in his right6. Often eroticized, rape remains largely unpunished and its impact minimized. This discourse in which the victim is made responsible is denounced today by expressions such as the “culture of rape” (rape culture). First used in 1974, in the collective work of the New York Radical Feminists group, Rape: The First Sourcebook for Women, “rape culture” refers to the attitudes and behaviours that normalize or even encourage rape7. It could be summed up by the phrase “be sexy, but not too much”8. The sociological concept relies on the cultural dimension of sexist and sexual violence and their anchoring in patriarchal society. To solve the problem of sexual and gender-based violence, rape culture must above all end, since it legitimizes this violence.

Alongside rape, femicides are also highly symbolic acts of violence by men against women. The term femicide, i.e. the murder of women because they are women, was introduced in the 1980s by sociologist Diana Russell in order to provide a theoretical framework for the problem of domestic violence. Indeed, although femicides are not the prerogative of the marital context, many of them are perpetrated within the couple. About 213,000 women are victims of physical and/or sexual violence by their partner or ex-partner each year9. Globally, the UN estimates that 38% of murders of women were perpetrated by their partner10. The term femicide makes it possible to account for the reality of women’s experiences, but also for its structural dimension.

According to the National Observatory of Violence against Women, 102 women were killed by their partner or ex-partner in France in 2020, which is equivalent to a femicide every three days11. That same year, 23 men were killed by their female partner or ex-partner, and 14 minor children were killed by one of their parents in the context of domestic violence12. These figures are those of the French government and are corroborated by several associations and NGOs13. The French feminist organisation Nous Toutes has been counting femicides in France since 2018. According to it, in 2021, 11314 women were killed by their companion or ex-companion15.

More than figures, these counts make it possible to represent the reality of sexist and sexual violence in France. Assaulted or murdered for various and varied reasons, States must protect women from such threats. In France, less than 10% of victims of gender-based and sexual violence file a complaint16. Little listened to, often held responsible, the victims do not feel entitled to lodge a complaint. What are the measures against sexist and sexual violence that the French government could put in place? The purpose of this policy brief is to provide some answers to better understand gender-based and sexual violence, and thus find the appropriate measures to put in place to prevent or resolve it when such situations arise.

Method and destination

Figures and studies show it: sexual and domestic violence mainly affect women. According to the National Observatory of Violence Against Women, 82% of people killed within a couple are women17Globally, according to the WHO, 35% of women report having been victims of physical or sexual violence from their partner or someone else in their lifetime18. The extent and universal nature of violence against women therefore demonstrates that it is not an individual phenomenon, but rather a structural problem of inequality in all societies19. Thus, this policy brief will focus on violence against women and domestic violence in heterosexual couples, although it is aware that sexual violence also exists against men as well as in homosexual relationships20.

Furthermore, not all women are affected in the same way by gender-based and sexual violence. Racialized, transgender or disabled women experience more violence in their lifetime. According to Nous Toutes, 85% of transgender women have been assaulted in their lifetime and 80%21 of women with disabilities have already been victims of violence22. Regarding Islamophobia, 75% of victims are women, as recalled by the 2017 report of the Collective against Islamophobia in France23. To properly resolve the problem of gender-based and sexual violence, it is therefore necessary to adopt an intersectional approach, which includes all dimensions of violence against women and above all which takes all women into account.

Before looking at preventing and solving the problem of violence against women, it is necessary to understand its origins. Sexist and sexual violence is part of a society dominated by men: a patriarchal society. Anthropologist Françoise Héritier24, who has worked on the concept of male domination, explains that this domination comes from the observation made by men, that only women can give birth25. From the need for men to pass through women to reproduce, the subordination of women is born, who become simple objects of exchange for men26. Violence is then only a tool to keep women in this subordinate position. It is thanks to the terror they inspire that men manage to keep their hold on women. This concept of male domination makes it possible to better understand the structural dimension of the problem of sexist and sexual violence, particularly in the context of heterosexual relations. Nevertheless, patriarchy is so deeply rooted in our societies that it is not limited to the simple marital context. It is present at all levels of society.

More than an individual problem, gender-based and sexual violence is a structural issue. It is above all a public health problem, which States are responsible for. In France, over the past decades, several government surveys have been carried out in order to draw up an inventory of gender-based and sexual violence. The results of these surveys have thus made it possible to develop responses in accordance with the scale of the issue, as well as measures adapted to the various situations. However, the responses provided by the various governments are not sufficient.

This policy brief studies government proposals, but also those of the opposition and the measures that may have been adopted in other countries. In view of the elements mentioned above, it will focus on sexist and sexual violence through the prism of heteronormative relationships and patriarchal society. This policy brief therefore speaks well of male violence against women. The recommendations to the government in the fight against gender-based and sexual violence are listed at the end of this policy brief.

Government measures

The National Survey on Violence against Women in France (ENVFF) is one of the first studies on gender-based and sexual violence at the national level. Commissioned in 1996 in order to better understand and estimate the extent of violence against women, it was published in 2003. It defines what the concept of “sexist violence” is and highlights the role that the State has to play in the fight against violence against women27. From this investigation, the French State begins to take them into account and to make proposals to prevent and avoid them. On the one hand, it is a matter of reacting urgently in order to prevent the violence from continuing or being committed. On the other hand, we must work on the long term by doing prevention and by educating and reintegrating the perpetrators of violence.

Historical

In French law, rape entered the penal code in 1791. However, it has only been recognized as a crime, and no longer an offence, since 1980. At the time, it is defined in article 222-23 of the penal code as follows: “Any act of sexual penetration, of any nature whatsoever, committed against the person of another, by violence, coercion, threat or surprise is rape”28. This crime is punishable by 5 to 10 years of imprisonment, or even 20 if the victim is a minor under the age of 15, or if it is a vulnerable person29. Marital rape was only recognised by case law in the 1990s30. This recognition is a real step forward since, as the ENVFF will report, around 1 out of 2 rapes takes place in the marital setting. The law of July 22, 1992 then qualifies the status of spouse or cohabiting partner as an aggravating circumstance in the event of rape31.

State of the art: the legislative arsenal in France

Since the ENVFF, five ministerial plans dealing with the fight against violence against women have emerged. These plans have made it possible to establish numerous measures to protect victims and prevent violence.

First, laws have been passed to protect victims of domestic violence. The law of the 26th of May 2004 facilitates separate residence without petition for divorce, while prioritizing the maintenance of the victim in the marital home. Another law, adopted on the 4th of April 2006, introduces a measure of removal from the home for the violent spouse. These first measures were then followed by the creation of electronic bracelets to keep violent spouses at a distance with the law of the 9th of July 2010. Before their final implementation, these bracelets were tested for 3 years in order to measure their effectiveness.

Concerning prevention to combat violence against women, the one-stop number for victims or witnesses of domestic violence, 3919, was created in 2007. This number has seen an increasing number of calls, particularly since the liberation of speech around violence against women since the #Metoo movement. In 2019, following the first Grenelle32 on violence against women launched by the government, calls for help tripled, even quadrupled. While the platform received an average of 250 calls per day on weekdays, more than 1600 calls were recorded on Tuesday, September 3, 2019, when the Grenelle was launched33.

The fight: violence against women, the “great cause of the quinquennium”?

During his first presidential election, Emmanuel Macron announced that he wanted to make the fight against violence against women the “great cause of the quinquennium”. Upon his election, he launched the fifth plan for the fight against violence against women (2017-2019). This essentially aims to fight against sexism and the culture of violence and rape. In order to better reflect on how to fight against this violence, the Grenelle against violence against women was launched in September 2019. After two months of work, on November 25, 2019, the government announced 30 new measures to prevent violence, protect the victims and their children and take care of the perpetrators of violence in order to avoid any recurrence34. Nine elements emerge from this Grenelle, which are then followed by specific measures:

  1. Educating for non-violence and equality between girls and boys
  2. Free the voice of victims and promote the revelation of violence
  3. Protecting victims as soon as a complaint is filed
  4. Reinforced medico-social care
  5. A more protective justice
  6. Take into account the impact of domestic violence on children and family ties
  7. Follow-up and support for perpetrators to deal with the problem of domestic violence as a whole and better prevent the risk of recidivism
  8. Protect women who are victims of violence, including at work
  9. Protecting victims of violence with disabilities

First, the government proposes to educate children about non-violence and equality within schools in order to sensitize children to gender-based and sexual violence. This dimension of the fight is very important since it is a question of reaching a young public, which is at the same time confronted with intra-family violence35, but also bullying and cyberbullying at school and outside of school. It is therefore a question of increasing prevention and raising awareness among students, starting in primary school, where a time devoted to sex education must be set up. From middle school to high school, at least three annual sex education sessions must then take place36. A good understanding of sexuality and the notion of consent are essential in education for non-violence against women. Concerning sexual violence and child abuse, an awareness session must also be planned every year since primary school37. In concrete terms, these measures are interesting, but there is currently nothing to verify the quality as well as the application of such training. However, prevention in the school environment is essential in the fight against gender-based and sexual violence. An awareness campaign on gender-based and sexual violence as well as cyberbullying is also launched in 202038 with the hashtag #plusjamaissansmonaccord (“never ever without my permission”). These campaigns make it possible to reach adolescents through social networks, even if they have not been able to benefit from the awareness and prevention provided by the National Education. In addition, the government plans to implement equality training for teachers and National Education staff on an ongoing basis. This measure is essential to allow teachers or any other person in a school to be able to best help child victims of violence who confide in them.

The government also wants to free the voice of victims and facilitate the filing of complaints. Freedom of speech on sexist and sexual violence is essential when we know that only one victim in ten files a complaint in the event of rape. Several measures aim to facilitate this release: the 3919 platform is now open 24 hours a day, 7 days a week and made accessible to people with disabilities; it is now possible for health professionals to lift medical secrecy “in the event of immediate danger to the victim and a proven risk of renewed violence”; and tools are made available to health professionals so that they can more easily assess the dangerousness of situations and direct victims towards appropriate care39. In addition, victims of gender-based and sexual violence often struggle to file a complaint because of their poor care. In 2018, the “Pay your plain” study, carried out by feminist activists from Groupe D and the Tumblr “Paye ta police” team (Pay your police), collected more than 500 testimonies, 91% of which reported poor “care” of the part of law enforcement. For 60% of these women, the complaint was refused, or they had to insist that the complaint be taken into account40. And even when the complaint is taken, the victim’s story is sometimes modified, the facts attenuated and many testimonies echo the guilt-inducing remarks made by the police when the complaint is taken. Among the testimonies published on the Tumblr of “Paye ta police”41 one can read:

“How were you dressed? Ah, I understand better. And he put one or two fingers?”

“But you know madam, women often do this to themselves, so you must be.”

“Are you sure you didn’t provoke him a little?” A little heated?”

“But that’s impossible! You had to look for it, right?”

“Well next time, maybe you’ll drink less!”

“You know, there is rape and rape…”

“Who actually says consent? Me, I could touch your breasts there, if you don’t say anything, it’s not an assault.”42

In order to facilitate the filing of a complaint, the government wishes to strengthen training in the reception of women victims of domestic violence by police officers and gendarmes, and this, on an ongoing basis. Since the Grenelle against violence against women, police academies have been providing a course on the prevention and fight against domestic violence, lasting 120 hours over 8 months43. Additional training is also planned for police officers already in post44. Although these trainings have led to an improvement in the handling of complaints of gender-based and sexual violence, many shortcomings are still to be noted. In July 2021, an inspection report on the Chahinez femicide in Mérignac denounced the numerous failures in the handling of the file45. In 2021, 90,000 police officers have already been trained in the care of victims of domestic violence, according to the Ministry for Equality between Women and Men46. The police are therefore experiencing a real improvement in the handling of cases of gender-based and sexual violence, but they still take time. Although the initiative is good, it is also impossible to verify that these trainings are applied and that they are provided by competent people. The presence of organisations specializing in gender-based and sexual violence or even psychologists is beneficial for such training.

Addressing gender-based and sexual violence is not just about protecting the victims, it is about taking action against the perpetrators of gender-based and sexual violence. The government is also planning measures to deal with the perpetrators of violence: by evaluating the criminological dangerousness of the perpetrators and by studying their socio-demographic profile through a research project by a team from the University of Bordeaux, by strengthening the follow-up measures for the perpetrator, by regulating prison visit permits, by taking charge of domestic violence linked to addictions and by opening two centres per region for the care of perpetrators of violence47. At the end of 2020, 18 treatment and monitoring centres for perpetrators had opened in France48. The care of perpetrators of violence is therefore beginning to increase, even if their number is still below the quotas announced by the government.

In addition, the legislation around gender-based and sexual violence has also been refined in recent years. Indeed, regarding domestic violence, the delays of justice are often too long, which can lead to physical violence, rape, or even femicides which could have been avoided. The law of the 28th of December 2019 shortens the maximum period for issuing a protection order by the family court judge by 6 days, without the victim needing to file a complaint. A financial allocation to victims wishing to change accommodation is also provided for by law, which allows victims to move in an emergency.

Rape laws have also evolved. Since the law of the 27th of February 2017, the limitation periods have been extended to 20 years for rape and to 6 years for other sexual offences (sexual harassment, sexual assault, exhibitionism, etc.). This period has been extended to 30 years for sexual crimes committed against minors from their majority, since the law of the 3rd of August 2018. Rape has also been redefined following the law of the 21st of April 2021 which now includes acts of oral penetration in the definition. According to article 222-23: “Any act of sexual penetration, of whatever nature, or any act of oral penetration committed on the person of the other or on the person of the author by violence, coercion, threat or surprise is rape. Rape is punishable by fifteen years’ imprisonment49. This same law protects minors from sexual violence by declaring that any sexual penetration or any oral penetration act, even without violence, constraint, threat or surprise, is considered rape in the event that the minor is under the age of 15 by an adult with an age difference of at least 5 years or of any minor in the event of incestuous rape50. Although these improvements go in the direction of the protection of victims, it is always up to the victim, except in the case where they are a minor under the age of 15, to prove that there has been violence, coercion, threat or surprise. The notion of consent is not addressed in French legislation. If the victim cannot prove that at least one of these four elements was present, then they cannot prove rape either. However, in many cases, the absence of consent cannot be proven.

Children’s protection

Finally, among the victims of domestic violence, children are often forgotten. They find themselves witnessing violence within couples. However, as demonstrated by the ENVFF, the fact of having been exposed to violence as a child increases the risk of being a perpetrator of violence in adulthood51. Indeed, by witnessing violence, a form of trivialization of violence sets in. But although it is necessary to prevent the reproduction of patterns of violence, it is above all a question of physically and mentally protecting these children who have experienced trauma.

The question of taking charge of the child victim of domestic violence began to be considered by the public authorities following the publication of the ENVFF in 2003. A “guide to good practices” was drawn up in 2007 by the National Observatory for Children in Danger (ONED) as well as by the Women’s Rights and Equality Service (SDFE) in order to improve intervention with children52. This same year, in December, the democratic and republican left (GDR, Gauche démocrate et républicaine) and the communist republican citizen group (CRC, groupe Communiste, républicain et citoyen) tabled a “proposal for a framework law against violence against women”, drafted by the National Collective for Women’s Rights (CNDF), in the national assembly. In this text of 116 articles, the issue of minors is addressed directly or indirectly in 7 articles. The text proposes in particular that any decision related to the child taken by a special court must be based on the situation of the woman victim. It also provides that the court for violence against women grants custody of any minor who is the victim of domestic violence, to the parent who is also the victim53. This text is innovative in the sense that it offers a new score with on one side the women and children, victims, and on the other the men, a threat to the rest of his family. Although women are sometimes perpetrators of child abuse, it helps to protect the child in the event of domestic violence by the father. Thus, the judge has the power to suspend parental authority, custody and can choose the place of residence of the child. Discussed in the National Assembly on the 25th of February 2010, the text was adopted at first reading.

The new article 515-9 of the Civil Code then provides that “when the violence committed within the family, within the couple or by a former spouse, a former partner bound by a civil pact of solidarity or a former cohabitant endangers the person who is the victim, one or more children, the family affairs judge (JAF) can urgently issue the latter a protection order”. This prescription, of four months, is renewable once. This decision is justified in particular by article 371-1 of the Civil Code relating to the interest of the child which states that “parental authority is a set of rights and duties whose purpose is the interest of the child, that is to say the taking into account of his basic, physical, intellectual, social and emotional needs as well as the respect of his rights and the guarantee of his protection”54). If the interest of the child is in danger, then the judge can refuse custody of the child to the violent parent. The exercise of a parent’s right to visit and accommodation may also be restricted or even refused “for serious reasons” according to paragraph 2 of article 373-2-1 of the Civil Code55.

Following the Grenelle against violence against women, several measures for the protection of children have been taken. From now on, a request for an assessment is systematically made to child welfare in the event of domestic violence or, failing that, an administrative assessment of the family situation is made. The descendants of a parent convicted of wilful murder of the other parent are also released from their maintenance obligation towards the perpetrator56.

Conclusion

The government is thus proposing concrete measures to combat violence against women in many areas: the fight against sexual violence, protection of child victims of domestic violence, support for perpetrators of violence, protection of disabled victims, etc. While the French legislative arsenal has expanded in recent years, there are still gaps. In 2019, France was notably singled out by the monitoring body of the Istanbul Convention (Council of Europe Convention on preventing and combating violence against women and domestic violence), which claims that it is not in compliance with the obligations of the Convention. Ratified on the 4th of July 2014 by France, the Istanbul Convention sets out the broad outlines of women’s rights. But still today, all the measures recommended by this convention are not respected in the “country of human rights”.

Measures proposed by opposition parties

In France, various measures against violence against women have been proposed by opposition parties. The program of the New Popular Ecological and Social Union (NUPES), a coalition of several left-wing parties for the 2022 legislative elections, proposes several measures in terms of equality and the fight against violence against women. Chapter 7 of their programme, entitled “Equality and the fight against discrimination” focuses on this in particular.

One of the key measures proposed by NUPES is the adoption of a law to combat sexism and violence against women. As part of this law, the coalition wishes to allocate one billion euros to combat violence against women, particularly in terms of training and accommodation57. This key figure of one billion is the amount claimed for several years by many feminist associations, We All have even made it one of its slogans: “One billion against sexist and sexual violence”. Feminist associations do not claim this figure at random, either. This amount is the one recommended by the High Council for Equality between Women and Men58. Currently judged as insufficient, many feminist associations recall that allocating a substantial budget to the fight against violence against women is one of the first measures to be put in place to effectively fight against this violence59. Indeed, many women victims of violence are forced to leave the marital home or wish to do so. The creation of new accommodation places is essential. This creation being expensive, it requires a major fundraising campaign. In 2019, 5,700 places were dedicated to women victims of violence60. Over the past two years, the government has already created 2,000 more. In 2021, 7,800 places will be available for women victims of violence. Nevertheless, given the number of victims, these places remain insufficient. According to Us All, approximately 213,000 women are victims of domestic violence each year61. Increasing state subsidies for the creation of emergency accommodation would allow better care for these women.

More broadly, the fight against violence against women also involves measures that reduce gender inequalities. NUPES is committed to fighting sexism and violence against women, with a chapter of their program dedicated to the subject. In particular, it proposes to impose and enforce gender parity in the various departments of political, administrative, economic, trade union and associative institutions; or to implement a plan to combat gender harassment and sexual assault62. In addition, their program wants to be intersectional, that is to say that it wants to take into account the struggles against all forms of discrimination. One of the subsections of chapter 7 of the program is dedicated to the fight against racism, anti-Semitism and discrimination, while another focuses on people with disabilities63.

Regarding the other political parties, the subject of violence against women is less present, but is still addressed in some presidential programs for 2022. The Les Républicains party mentions the fight against violence against women very briefly. He proposes to create specialized courts to shorten judgment times, but also to strengthen training for professionals in contact with victims or to increase the number of anti-reconciliation bracelets and serious danger telephones64. Unlike the NUPES, no chapter or even subsection is interested in the subject. These measures are set out in the “protect” section, and they are mixed with proposals for police reforms and increased prison places. Similarly, the issue of gender equality is not addressed, except for a measure that proposes to extend protection against dismissal up to 6 months after a birth and to sanction companies laying off or discriminating against pregnant women65. This proposal is found in a subsection entitled “rewarding work and merit”. However, it is not a question of reward or merit, but rather of inequality and discrimination.

Among the far-right parties, whether the National Rally or Reconquest, the issue of violence against women is very superficially addressed. Marine Le Pen’s program does not even include the word “woman” but suggests in a section dedicated to security to “remove any possibility of reduction and adjustment of sentences (…) for violence against people”66. We find this rhetoric of security in the program of Éric Zemmour who, unlike the National Rally, dedicates a chapter of his program to women. The Reconquête party apparently puts the notion of respect for women and gender equality at the centre of its program. The program is based on the values of family and tradition, classic rhetoric of far-right parties, and does not really talk about equality67. This is a dangerous discourse, because under the guise of protecting women and demanding equality, Éric Zemmour proposes a deeply misogynistic model of society, in the continuity of patriarchy. Among the measures set out, Reconquête proposes in particular to increase the number of places dedicated to victims of domestic violence in emergency accommodation centres or to automate the wearing of anti-reconciliation bracelets for all persons convicted of domestic violence68. However, Éric Zemmour’s party also proposes discriminatory measures, such as the banning of the wearing of the veil, which would be a symbol of the enslavement of women, or the expulsion of all criminals and binational or foreign sex offenders69.

For the two far-right parties, it is more a security issue than really fighting against violence against women. Moreover, Marine Le Pen and Éric Zemmour regularly blame immigrants for being the cause of violence in France. The racist nature of these measures shows that the issues of combating sexist and sexual violence, equality and gender are not well understood by these far-right parties70.

Thus, NUPES offers a very broad program for equality and against discrimination. She is interested in issues relating to gender inequalities by proposing a more intersectional approach. This aspect is important, because more than individual phenomena, violence against women constitutes a structural problem of inequality in society. Trying to deconstruct gender, sex or even race testifies to a new type of approach in the fight against violence against women71.

Lessons to be learned from abroad in the fight against gender-based violence

The fight against gender-based violence is on certain points much more advanced in other countries. Spain is a benchmark and is often cited as a model in this area. Conversely, the Nordic countries, although often admired for their equality policies, are not necessarily more advanced.

According to a study on violence against women, carried out by the European Agency for Fundamental Rights in 2015, in Europe, one in five women is the victim of physical or sexual violence during her life, and every day, seven women die under the blows of their partner or ex-partner72. However, there is a big disparity between the countries of Southern Europe and those of the north. In Spain, Italy and Portugal, approximately 19% of women have been victims of physical and/or sexual violence from a partner since the age of 1573. The lowest ranked countries in the study are Sweden and Denmark, where almost 32% of women have experienced violence from a partner74.

So why in these countries, so admired for their supposedly egalitarian societies, is there so much violence against women? In the Nordic countries, despite extensive education on equality, the level of domestic violence has not decreased. According to Yves Raibaud, researcher and specialist in the geography of gender, this paradox can be explained in particular by the fact that despite the fact that violence against women is an extremely taboo subject in most societies, it is not so much the case in the Nordic countries. Sensitized and very educated on these subjects, the women of the Nordic countries certainly feel more legitimate to denounce the violence suffered. The figures on gender-based and sexual violence are therefore higher in the Nordic countries, because women’s voices are freer and heard there75.

Conversely, gender-based and sexual violence has long been a taboo subject in southern European countries. In Spain, the Orantes affair has gradually freed speech on violence against women and made the public authorities react. In this 1997 case, a woman was burned alive following her televised testimony in which she denounced the violence suffered for more than 40 years by her ex-husband. The case has caused a wave of outrage, forcing society to consider the seriousness of the problem76.

In Spain, there have been more than 1,100 femicides since 2003. In 2004, when the socialist left of José Luis Rodriguez Zapatero came to government, measures to combat sexist and sexual violence began to be taken. The “integral protection against gender violence law” was passed unanimously that same year. Very complete, it makes it possible to cover almost all the problems of violence against women. The law notably provides for the creation of 106 specialized courts against gender violence, as well as training for judges77. These courts make it possible to shorten the processing times for cases as well as the duration of the organization of trials, which must not exceed 15 days. This measure is essential given the urgency of domestic violence situations. It is even possible for the State to file a complaint in place of the victim, if the latter does not wish to do so or if she withdraws her complaint. Thus, the State prosecutes the perpetrator without the victim having the mental burden of the proceedings78. Spain is not the only European country to have understood the need to act quickly in the face of gender-based and sexual violence. In Italy, a so-called “red code” law, adopted in August 2019, provides for a very rapid processing time for applications. The prosecution must decide on the procedure to follow within three days of reporting the violence to the police.

In Spain, the creation of the anti-reconciliation electronic bracelet then took place in 2007 in order to allow victims and the police to be alerted if the perpetrator of the violence is near the victim. Since its creation, nearly 1,350 women have had this measure and none have ever been killed79. In 2017, the National Pact against Gender Violence was adopted. This reinforces the protection of victims by allocating a budget of one billion euros over five years to the fight against violence against women80. More than two hundred measures are proposed, in particular the allocation of financial assistance to unemployed victims or the establishment of specific brigades within police stations. Finally, since January 1, 2022, all femicides have been counted in official statistics. Before this date, the definition of femicide was restricted to murders within couples or between ex-spouses. From now on, Spain also counts “family”, “sexual”, “social” and “by proxy” femicides81 82. It is the first country in Europe to count all femicides.

More recently, in 2022, the “solo si es si” bill (“only a yes is a yes”), led by the Spanish minister in charge of equality, Irène Moreno, was adopted in Spain. Voted in the Assembly on May 26, the bill was definitively adopted by the Senate on August 25, 2022. It proposes a new definition of consent in which only explicit consent is retained. The victim no longer has to demonstrate that she resisted, the silence as well as the passivity of the victim are no longer an excuse for rape83. The “solo si es si” law removes from the penal code the conditions of intimidation and violence that were previously required in order to qualify a sexual act with penetration as rape. The accused can no longer invoke the absence of violence or intimidation. The burden of proof nevertheless always remains the work of the civil party and the prosecutor.

This definition of consent is present in other countries, such as Denmark, Sweden and Canada. In 2020, Denmark enshrined sexual consent in its legislation. Without explicit consent, sexual intercourse can be qualified as rape. This measure makes it possible in particular not to dissuade women from filing a complaint and from being taken seriously by the judicial authorities. Now it is up to the accused to provide proof of consent. This type of measure can however increase the risk of convicting innocent people by reversing the presumption of innocence towards a system of presumption of guilt84. It is a reversal of perspective, which is by no means desirable. This is also a criticism that has been made of the “solo si es si” law in Spain. Although the burden of proof remains with the civil party, opponents of the bill have warned of the risk of abuses concerning the presumption of innocence. Indeed, in practice, the discretionary power of the judge comes into play. The same law can therefore have several readings. This would also increase the risk of convicting racialized people, who, in our societies where racism is very present, are often overrepresented in the prison environment, whether in France or elsewhere. Only the application of this law to concrete cases will make it possible to say whether such a measure is desirable in the fight against sexual violence, while being in line with the presumption of innocence.

Conclusion

Violence against women is still too little addressed in the public debate. Frequently relegated to trivial cases or considered exaggerated by feminist movements, sexist and sexual violence is nevertheless very real. The fight against this violence is constant, requiring numerous tools, which must be provided by public services. Without the state, this struggle is complicated. President Emmanuel Macron had promised to make the fight against violence against women the great cause of the five-year term. Although many measures have been put in place, they are not enough to eradicate the violence that persists. As of August 1, 2022, 71 femicides have already been counted. This is a deep structural problem of society, which is supported by the patriarchal system in place. To bring about change, you have to take the problem to the root by acting sustainably and effectively. This requires concrete measures to protect victims and provide care for the perpetrators of violence, but also and above all through prevention and raising public awareness of issues of equality, gender and discrimination.

Recommendations

  • GROW asks the government to allocate the sum of 1 billion euros, a figure demanded by associations such as We All and recommended by the High Council for equality between women and men, to the fight against violence against women;
  • GROW calls for the creation of emergency accommodation for victims of domestic violence in order to reach the 10,000 places necessary to meet demand, according to the Fédération nationale Solidarité Femmes (National Federation of Solidarity Women)85. As of now, 7,800 places exist for the whole territory.
  • GROW calls for the increase in the number of serious danger telephones, currently numbering 3,000 on French territory, to 5,000, as well as the strengthening of their use86. The effectiveness of these telephones and the support they provide to victims are essential in the fight against domestic and sexual violence;
  • GROW asks to enshrine consent in the penal code for rape. The burden of proof will remain with the prosecutor;
  • GROW calls for the creation of courts specializing in gender-based and sexual violence in order to shorten the time for investigation;
  • GROW demands that training/workshops on sexuality, but also consent for school, middle and high school students be truly generalized throughout the national territory and that these trainings be provided partly by actors specialized in the field;
  • GROW would like the duration of initial training for police officers, reduced in June 2020 from 12 to 8 months, to be restored to 12 months, in order to ensure that the quality of training on issues of gender-based and sexual violence is not compromised;
  • GROW demands that the training of police and gendarmerie officials in matters of gender-based and sexual violence be truly generalized throughout the national territory, that this training be provided in part by actors specialized in the field and that ‘it is not limited to initial training, but recurrent throughout the career of these civil servants;
  • GROW would like everything to be done so that the number of brigades specializing in gender-based and sexual violence, which stood at 191 at the end of 2021, is rapidly increased to cover the 663 police departments open to the public and thus guarantee territorial equality of access to security and justice in matters of gender-based and sexual violence87;
  • GROW calls for the creation of reception centres for perpetrators of domestic and sexual violence in each French department88. They are now 30 in number throughout the national territory;
  • GROW calls for better monitoring of the perpetrators of this violence in order to avoid recurrences as much as possible. This follow-up must include the intervention of a psychologist, a doctor, socio-professional support, as well as legal supervision. Support for perpetrators of domestic violence must be systematic;
  • GROW is also asking for the number of anti-reconciliation bracelets (BAR) to be increased, currently numbering 1,000 on French territory, to 3,000, as well as the strengthening of their use. BARs have demonstrated their effectiveness, particularly in Spain, and yet are used too little. At the beginning of 2022, 509 wristbands were activated89. However, there is too much reluctance on the part of judges to use them, as well as a great disparity depending on the region;
  • GROW calls for transgender women to be included in the tally of femicides.

References 

Book 

CHAPOT, M. (2021). Les militantes féministes et l’abolitionnisme pénal. Étude d’une position radicale.

SALDIER, K. (2021). L’enfant face à la violence dans le couple. Dunod.

Book chapters 

COHEN, L. (2018). L’envie masculine du pouvoir d’enfanter. Topique, 143, 17-30. 

DELPHY, C. (2008). Pour l’égalité : action positive plutôt que parité. Dans : C. Delphy, Classer,   dominer : Qui sont les “autres” ? (pp. 53-75). Paris : La Fabrique Éditions.

MIJOLLA-MELLOR, S. (2018). Éditorial. Topique, 143, 5-5. 

MIJOLLA-MELLOR, S. (2018). La violence au nom de la Mère. Topique, 143, 7-16. 

RONAI, E. & DURAND, É. (2017). Avant-propos. Le droit d’être protégée. Un devoir de protection.   Dans : Ernestine Ronai éd., Violences conjugales : Le droit d’être protégée (pp. III-IX). Paris : Dunod.

SALMONA, M. (2019). Chapitre IV. Combattre les stéréotypes, le déni, la culture du viol. Dans : Muriel Salmona éd., Le harcèlement sexuel (pp. 61-79). Paris cedex 14 : Presses Universitaires de France.

Articles

BOURGEROL, E. (2021). Bien accueillir les victimes de violences sexuelles : à quand de vraies formations pour les policiers ? Basta ! [online] 18 Nov. Available at: https://basta.media/Porter-plainte-pour-violences-sexistes-et-sexuelles-accueil-commissariat-gendarmerie-NousToutes [Accessed 3 sept 2022].

FOURNIER, C. JEANNOT, G. (2021). Féminicide de Mérignac : une longue suite de défaillances pointée dans le rapport de la mission d’inspection. francetvinfo.fr. [online] 10 Jun. Available at: https://www.francetvinfo.fr/societe/feminicides/feminicide-de-merignac-une-longue-suite-de-defaillances-pointee-dans-le-rapport-de-la-mission-d-inspection_4658357.html [Accessed 23 Aug. 2022].

GIARD, A. (2020). Blog « Les 400 culs » « Culture du viol » : ces mots ont-ils un sens ? liberation.fr. [online] 29 Jun. Available at: https://www.liberation.fr/debats/2020/06/29/culture-du-viol-ces-mots-ont-ils-un-sens_1811140/ [Accessed 11 Aug. 2022].

JANSELME, K. (2022). Loi sur le consentement sexuel : l’Espagne, un modèle à suivre. humanite.fr. [online] 23 Jun. Available at: https://www.humanite.fr/societe/violences-faites-aux-femmes/loi-sur-le-consentement-sexuel-l-espagne-un-modele-suivre-755660 [Accessed 18 Aug. 2022].

PILORGET-REZZOUK, C. (2019). Formation des policiers sur les violences conjugales : « Il faut que ça change », liberation.fr. [online] 22 Nov. Available at: https://www.liberation.fr/france/2019/11/22/formation-des-policiers-sur-les-violences-conjugales-il-faut-que-ca-change_1765118/ [Accessed 22 Aug. 2022].

ROMAGNAN, M. (2021). Hébergement d’urgence : le parcours du combattant des victimes de violences conjugales, francetvinfo.fr. [online] 26 mai. Available at: https://www.francetvinfo.fr/societe/violences-faites-aux-femmes/hebergement-d-urgence-le-parcours-du-combattant-des-victimes-de-violences-conjugales_4638367.html [Accessed 3 oct 2022].

STIVE, M. (2021). Des policiers se forment au traitement des violences conjugales : “Si la victime ne veut pas porter plainte, on fait quoi ?” francetvinfo.fr. [online] 3 Sept. Available at: https://www.francetvinfo.fr/societe/violences-faites-aux-femmes/des-policiers-se-forment-au-traitement-des-violences-conjugales-si-la-victime-ne-veut-pas-porter-plainte-on-fait-quoi_4758291.html [Accessed 22 Aug. 2022].

N.D. (2022). Affaire Quatennens : L’épouse du député a porté plainte contre lui. 20 minutes. [online] 3 oct. Available at: https://www.20minutes.fr/politique/4003465-20221003-affaire-quatennens-epouse-depute-porte-plainte-contre [Accessed 4 Oct. 2022].

N.D. (2022). L’Espagne renforce sa législation contre le viol, introduisant l’obligation d’un consentement explicite. lemonde.fr. [online] 25 Aug. Available at: https://www.lemonde.fr/international/article/2022/08/25/l-espagne-renforce-sa-legislation-contre-le-viol-introduisant-l-obligation-d-un-consentement-explicite_6139042_3210.html [Accessed 27 Aug. 2022].

N.D. (2021). Pourquoi #NousToutes réclame un milliard d’euros pour lutter contre les violences faites aux femmes. nouvelobs.com. [online] 20 Nov. Available at: https://www.nouvelobs.com/societe/20211120.OBS51227/pourquoi-noustoutes-reclame-un-milliard-d-euros-pour-lutter-contre-les-violences-faites-aux-femmes.html [Accessed 18 Aug. 2022].

N.D. (2021). Société. ​L’Espagne, premier pays européen à prendre en compte officiellement tous les féminicides, courrierinternational.com 21 Dec., Available at: https://www.courrierinternational.com/article/societe-lespagne-premier-pays-europeen-prendre-en-compte-officiellement-tous-les-feminicides [Accessed 18 Aug. 2022].

N.D. (2019). Violences conjugales : explosion des appels au 3919 depuis le Grenelle. lemonde.fr. [online] 6 Sept. Available at: https://www.lemonde.fr/societe/article/2019/09/06/violences-conjugales-explosion-des-appels-au-3919-depuis-le-grenelle_5507443_3224.html [Accessed 18 Aug. 2022].

N.D. (2020). Viols. Le Danemark inscrit le consentement sexuel dans la loi. Courrier International. [online] 18 Dec. Available at: https://www.courrierinternational.com/article/viols-le-danemark-inscrit-le-consentement-sexuel-dans-la-loi [Accessed 8 Aug. 2022].

Investigations

Ministère de l’Intérieur. (N.D.). Enquête de victimisation « Cadre de vie et de sécurité », dite « CVS » sur la période 2009-2017. [online] Available at: https://www.interieur.gouv.fr/Archives/Archives-des-infos-pratiques/2022-Infos-pratiques/Signalement-des-violences-sexuelles-et-sexistes/Violences-sexuelles-et-sexistes-les-chiffres-cles [Accessed 8 Aug. 2022].

Ministère de l’Intérieur. (N.D.). Étude nationale sur les morts violentes au sein du couple. Année 2020. Ministère de l’Intérieur, Délégation aux victimes. [online] Available at: https://arretonslesviolences.gouv.fr/je-suis-professionnel/chiffres-de-reference-violences-faites-aux-femmes [Accessed 8 Aug. 2022].

CCIF. (2018). Rapport du Collectif Contre l’Islamophobie en France de 2017. [online] Available at: http://www.islamophobie.net/wp-content/uploads/2019/01/ccif_rapport_2017.pdf [Accessed 10 Aug. 2022].

OMS. (2021). Violence against women Prevalence Estimates, 2018. OMS. [online] Available at: https://www.who.int/fr/news-room/fact-sheets/detail/violence-against-women [Accessed 7 Aug. 2022].

Judicial texts 

Code pénal. Légifrance. [online] Available at: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000043409305/2022-08-09/?isSuggest=true [Accessed 18 Aug. 2022].

Websites

Cabinet ACI. (N.D.). Le harcèlement de rue au prisme du droit pénal. [online] Available at: https://www.cabinetaci.com/le-harcelement-de-rue-au-prisme-du-droit-penal/ [Accessed 5 oct 2022].

Carenews. (2020). Les violences faites aux femmes en Europe, fracture entre le nord et le sud. Carenews.com. [online] Available at: https://www.carenews.com/fondation-nexity/news/les-violences-faites-aux-femmes-en-europe-fracture-entre-le-nord-et-le-sud [Accessed 8 Aug. 2022].

Citoyens et Justice. (2021). Les centres de prise en charge des auteurs de violences conjugales du réseau Citoyens & Justice. Citoyens-justice.fr. [online] Available at: https://www.citoyens-justice.fr/actualites/les-centres-de-prise-en-charge-des-auteurs-de-violences-conjugales-du-reseau-citoyens-justice.html [Accessed 22 Aug. 2022].

Féminicides par compagnons ou ex. (N.D.). Feminicide.fr. [online] Available at: https://www.feminicides.fr/le-d%C3%A9compte [Accessed 7 Aug. 2022]

Gouvernement. (2021). Violences faites aux femmes. Le gouvernement s’engage. Dossier de Presse. Gouvernemnt.fr. [online] Available at: https://www.gouvernement.fr/sites/default/files/document/document/2021/09/dossier_de_presse_-_mesures_contre_violences_faites_aux_femmes_-_03.09.2021.pdf [Accessed 7 Aug. 2022].

Gouvernement. (N.D.). 30 nouvelles mesures contre les violences faites aux femmes. Gouvernment.fr. [online] Available at: https://www.gouvernement.fr/actualite/30-nouvelles-mesures-contre-les-violences-faites-aux-femmes [Accessed 4 Aug. 2022].

Les Républicains. (2022). Programme. [online] Available at: https://republicains.fr/wp-content/uploads/2021/10/2021-10-25-lR-notre-projet-pour-la-france.pdf [Accessed 10 Aug. 2022].

Ministère de l’Éducation Nationale et de la Jeunesse. (N.D.). Éducation à la sexualité. [online] Available at: https://www.education.gouv.fr/education-la-sexualite-1814 [Accessed 10 Aug. 2022].

Ministère de l’Éducation et de la Jeunesse. (N.D.). Focus : prévention des violences sexistes et sexuelles à l’École. [online] Available at: https://eduscol.education.fr/2180/focus-prevention-des-violences-sexistes-et-sexuelles-l-ecole [Accessed 10 Aug. 2022].

Nous Toutes. (N.D.). Comprendre les chiffres. [online] Available at: https://www.noustoutes.org/comprendre-les-chiffres/#chiffres [Accessed 8 Aug. 2022].

NUPES. (2022). Le Programme. [online] Available at: https://nupes-2022.fr/le-programme/ [Accessed 10 Aug. 2022].

ONU. (N.D.). Que sont les violences familiales ? [online] Available at: https://www.un.org/fr/coronavirus/what-is-domestic-abuse [Accessed 7 Aug. 2022].

« Paye ta police » (N.D.) Tumblr.com. [online] Available at: https://payetapolice.tumblr.com/ [Accessed 23 Aug. 2022].

Protéger l’enfant. (2022). Connaissez-vous le téléphone Grave Danger ? [online] Available at: https://www.protegerlenfant.fr/2022/01/26/telephone-grave-danger/ [Accessed 3 oct 2022].

Protéger l’enfant. (2022). Les bracelets anti-rapprochement. [online] Available at: https://www.protegerlenfant.fr/2022/07/05/bracelet-anti-rapprochement/ [Accessed 3 oct 2022].

Rassemblement National. (2022). M La France. [online] Available at: https://mlafrance.fr/pdfs/programme-22-mesures-pour-2022.pdf [Accessed 10 Aug. 2022].

Reconquête ! (2022). Le programme d’Eric Zemmour. [online] Available at: https://assets.nationbuilder.com/themes/61c071ce4764e8b1483d1a8c/attachments/original/1648220408/programme_eric_zemmour_presidentielle_2022.pdf?1648220408 [Accessed 10 Aug. 2022].

Sénat. (2020). Réponse du Ministère auprès du ministère de l’Intérieur à la question d’actualité au gouvernement n°1546G de Mme Marie Evrard, publiée dans le Journal Officiel du Sénat le 26 novembre 2020 à la page 10103 : https://www.senat.fr/questions/base/2020/qSEQ20111546G.html [Accessed 22 Aug. 2022].

Sénat (N.D.) Formation des policiers sur les violences sexuelles. Sénat.fr [online] Available at: https://www.senat.fr/questions/base/2021/qSEQ211125500.html [Accessed 5 sept 2022].

Vie Publique. (N.D.) La lutte contre les violences faites aux femmes : état des lieux. Vie-publique.fr. [online] Available at: https://www.vie-publique.fr/eclairage/19593-la-lutte-contre-les-violences-faites-aux-femmes-etat-des-lieux [Accessed 8 Aug. 2022].

Thanks 

We thank Marie Chapot, Vincent Lefebvre et Cassandra Mazzolini for their proofreading.

Image: Photo by Jeanne Menjoulet, Licence under CC BY 2.0

To quote the article:

MARIS, J. (2022). The French state in the face of sexual and gender-based violence. Generation for Rights Over the World. growthinktank.org. [online] Nov. 2022.

References
1 According to Cathérine Delphy, patriarchy is defined as the political and economical organisation in which “women are oppressed and exploited as a group by the other half of humanity (free translation: “les femmes sont opprimées et exploitées en tant que groupe par l’autre moitié de l’humanité”).
2 N.D. (2022). Affaire Quatennens : L’épouse du député a porté plainte contre lui. 20 minutes. [online] 3 oct. Available at: https://www.20minutes.fr/politique/4003465-20221003-affaire-quatennens-epouse-depute-porte-plainte-contre [Accessed 4 Oct. 2022].
3 CHAPOT, M. (2021). Les militantes féministes et l’abolitionnisme pénal. Étude d’une position radicale.
4 4 Cass. 2e civ., 17 juin 2010, n° 09-15842 : Bull. II, n° 115 ; RCA 2010, n° 10, comm. 240, note H. GROUTEL ; RTD civ. 2010. 562, obs. P. JOURDAIN ; D. 2011. 35, obs. P. BRUN ; RLDC 2010. 74, obs. A. PAULIN.
5 MIJOLLA-MELLOR, S. (2018). Éditorial. Topique, 143, 5-5.
6 MIJOLLA-MELLOR, S. (2018). La violence au nom de la Mère. Topique, 143, 7-16.
7 CHAPOT, M. (2021). Les militantes féministes et l’abolitionnisme pénal. Étude d’une position radicale.
8 GIARD, A. (2020). Blog « Les 400 culs » « Culture du viol » : ces mots ont-ils un sens ? liberation.fr. [online] 29 Jun. Available at: https://www.liberation.fr/debats/2020/06/29/culture-du-viol-ces-mots-ont-ils-un-sens_1811140/ [Accessed 11 Aug. 2022].
9, 14, 22 Nous Toutes. (N.D.). Comprendre les chiffres. [online] Available at: https://www.noustoutes.org/comprendre-les-chiffres/#chiffres [Accessed 8 Aug. 2022].
10, 18 OMS. (2021). Violence against women Prevalence Estimates, 2018. OMS. [online] Available at: https://www.who.int/fr/news-room/fact-sheets/detail/violence-against-women [Accessed 7 Aug. 2022].
11 Ministère de l’Intérieur. (N.D.). Étude nationale sur les morts violentes au sein du couple. Année 2020. Ministère de l’Intérieur, Délégation aux victimes. [online] Available at: https://arretonslesviolences.gouv.fr/je-suis-professionnel/chiffres-de-reference-violences-faites-aux-femmes [Accessed 8 Aug. 2022].
12, 31, 37, 52, 53, 55, 63, 65, 68, 69, 73, 74, 75, 76, 79, 80 Ibid.
13 Association Nous Toutes, association Féminicides par compagnons ou ex
15 Following numerous legitimate criticisms of its method of counting femicides, since 2021 Nous Toutes has counted the murders of transgender women as femicide.
16 Ministère de l’Intérieur. (N.D.). Enquête de victimisation « Cadre de vie et de sécurité », dite « CVS » sur la période 2009-2017. [online] Available at: https://www.interieur.gouv.fr/Archives/Archives-des-infos-pratiques/2022-Infos-pratiques/Signalement-des-violences-sexuelles-et-sexistes/Violences-sexuelles-et-sexistes-les-chiffres-cles [Accessed 8 Aug. 2022].
17 Ministère de l’Intérieur. (N.D.). Étude nationale sur les morts violentes au sein du couple. Année 2020. Ministère de l’Intérieur, Délégation aux victimes. [online] Available at: https://arretonslesviolences.gouv.fr/je-suis-professionnel/chiffres-de-reference-violences-faites-aux-femmes [Accessed 8 Aug. 2022].
19 RONAI, E. & DURAND, É. (2017). Avant-propos. Le droit d’être protégée. Un devoir de protection. Dans : Ernestine Ronai éd., Violences conjugales: Le droit d’être protégée (pp. III-IX). Paris: Dunod.
20 According to the organisation Féminicides par compagnons ou ex, in 2021, 16 men have been killed by their (ex) partner (women), including 9 probably as self-defense; and 5 men have been killed by their (ex) partner (men).
21 This is four times more likely to be a victim of sexual violence than the rest of the women.
23 CCIF. (2018). Rapport du Collectif Contre l’Islamophobie en France de 2017. [online] Available at: http://www.islamophobie.net/wp-content/uploads/2019/01/ccif_rapport_2017.pdf [Accessed 10 Aug. 2022].
24 Françoise Héritier (1933-2017) was a French anthropologist, ethnologist and feminist activist. She was director of research at the EHESS and also inaugurated the Chair of Comparative Study of African Societies in 1983. She is particularly known for her ethnological work on the Upper Volta (Burkina Faso) and her sociological work on male domination.
25 COHEN, L. (2018). L’envie masculine du pouvoir d’enfanter. Topique, 143, 17-30.
26 RONAI, E. & DURAND, E. (2017). Avant-propos. Le droit d’être protégée. Un devoir de protection. Dans : Ernestine Ronai éd., Violences conjugales: Le droit d’être protégée (pp. III-IX). Paris: Dunod.
27, 51 SALDIER, K. (2021). L’enfant face à la violence dans le couple. Dunod.
28 Free translation: “tout acte de pénétration sexuelle, de quelque nature que ce soit, commis sur la personne d’autrui, par violence, contrainte, menace ou surprise est un viol”.
29 Code pénal. Légifrance. [online] Available at: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000043409305/2022-08-09/?isSuggest=true [Accessed 18 Aug. 2022].
30, 34 Vie Publique. (N.D.) La lutte contre les violences faites aux femmes : état des lieux. Vie-publique.fr. [online] Available at: https://www.vie-publique.fr/eclairage/19593-la-lutte-contre-les-violences-faites-aux-femmes-etat-des-lieux [Accessed 8 Aug. 2022].
32 The term “Grenelle” is originally used as a reference to the Grenelle Agreements of May 1968, but in recent years, and especially under the Macron administration, it is used to mean “summit” or a important consultation led by the government. [online] 15 Nov. Available at: https://www.thelocal.fr/20190905/french-word-of-the-day-grenelle/
33 N.D. (2019). Violences conjugales : explosion des appels au 3919 depuis le Grenelle. lemonde.fr. [online] 6 Sept. Available at: https://www.lemonde.fr/societe/article/2019/09/06/violences-conjugales-explosion-des-appels-au-3919-depuis-le-grenelle_5507443_3224.html [Accessed 18 Aug. 2022].
35 Intra-family, family or domestic violence is violence that occurs within the family. This can refer to domestic violence, but also to violence against children or any other member of the family in the broad sense.
36 Ministère de l’Éducation Nationale et de la Jeunesse. (N.D.). Éducation à la sexualité. [online] Available at: https://www.education.gouv.fr/education-la-sexualite-1814 [Accessed 10 Aug. 2022].
38 Ministère de l’Éducation et de la Jeunesse. (N.D.). Focus : prévention des violences sexistes et sexuelles à l’École. [online] Available at: https://eduscol.education.fr/2180/focus-prevention-des-violences-sexistes-et-sexuelles-l-ecole [Accessed 10 Aug. 2022].
39, 47, 50, 56 Gouvernement. (N.D.). 30 nouvelles mesures contre les violences faites aux femmes. Gouvernment.fr. [online] Available at: https://www.gouvernement.fr/actualite/30-nouvelles-mesures-contre-les-violences-faites-aux-femmes [Accessed 4 Aug. 2022].
40 PILORGET-REZZOUK, C. (2019). Formation des policiers sur les violences conjugales : « Il faut que ça change », liberation.fr. [online] 22 Nov. Available at: https://www.liberation.fr/france/2019/11/22/formation-des-policiers-sur-les-violences-conjugales-il-faut-que-ca-change_1765118/ [Accessed 22 Aug. 2022].
41 « Paye ta police » (N.D.) Tumblr.com. [online] Available at: https://payetapolice.tumblr.com/ [Accessed 23 Aug. 2022].
42 Free translation: « Vous étiez habillée comment ? Ah, je comprends mieux. Et il a mis un ou deux doigts ? »

« Mais vous savez madame, souvent les femmes se font ça toute seule, alors c’est sûrement votre cas. »

« Vous êtes sûre que vous ne l’avez pas un peu provoqué ? Un peu chauffé ? »

« Mais c’est impossible ça ! Vous deviez le chercher non ? »

« Bah la prochaine fois, vous boirez peut-être moins ! »

« Vous savez, il y a viol et viol… »

« Qui ne dit mot consent. Moi, je pourrais vous toucher les seins là, si vous ne dites rien, c’est pas une agression. »

43 Sénat. (2020). Réponse du Ministère auprès du ministère de l’Intérieur à la question d’actualité au gouvernement n°1546G de Mme Marie Evrard, publiée dans le Journal Officiel du Sénat le 26 novembre 2020 à la page 10103 : https://www.senat.fr/questions/base/2020/qSEQ20111546G.html [Accessed 22 Aug. 2022].
44 Sénat (N.D.) Formation des policiers sur les violences sexuelles. Sénat.fr [online] Available at: https://www.senat.fr/questions/base/2021/qSEQ211125500.html [Accessed 5 sept 2022].
45 FOURNIER, C. JEANNOT, G. (2021). Féminicide de Mérignac : une longue suite de défaillances pointée dans le rapport de la mission d’inspection. francetvinfo.fr. [online] 10 Jun. Available at: https://www.francetvinfo.fr/societe/feminicides/feminicide-de-merignac-une-longue-suite-de-defaillances-pointee-dans-le-rapport-de-la-mission-d-inspection_4658357.html [Accessed 23 Aug. 2022].
46 STIVE, M. (2021). Des policiers se forment au traitement des violences conjugales : “Si la victime ne veut pas porter plainte, on fait quoi ?”. francetvinfo.fr. [online] 3 Sept. Available at: https://www.francetvinfo.fr/societe/violences-faites-aux-femmes/des-policiers-se-forment-au-traitement-des-violences-conjugales-si-la-victime-ne-veut-pas-porter-plainte-on-fait-quoi_4758291.html [Accessed 22 Aug. 2022].
48 Citoyens et Justice. (2021). Les centres de prise en charge des auteurs de violences conjugales du réseau Citoyens & Justice. Citoyens-justice.fr. [online] Available at: https://www.citoyens-justice.fr/actualites/les-centres-de-prise-en-charge-des-auteurs-de-violences-conjugales-du-reseau-citoyens-justice.html [Accessed 22 Aug. 2022].
49 Code pénal. Légifrance. [online] Available at: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000043409305/2022-08-09/?isSuggest=true [Accessed 18 Aug. 2022]. (Free translation) « Tout acte de pénétration sexuelle, de quelque nature qu’il soit, ou tout acte bucco-génital commis sur la personne d’autrui ou sur la personne de l’auteur par violence, contrainte, menace ou surprise est un viol. Le viol est puni de quinze ans de réclusion criminelle ».
54 SALDIER, K. (2021). L’enfant face à la violence dans le couple. Dunod. (Free translation: « lorsque les violences exercées au sein de la famille, au sein du couple ou par un ancien conjoint, un ancien partenaire lié par un pacte civil de solidarité ou un ancien concubin mettent en danger la personne qui en est victime, un ou plusieurs enfants, le juge aux affaires familiales (JAF) peut délivrer en urgence à cette dernière une ordonnance de protection » [..] « l’autorité parentale est un ensemble de droits et de devoirs ayant pour finalité l’intérêt de l’enfant, c’est-à-dire la prise en compte de ses besoins fondamentaux, physiques, intellectuels, sociaux et affectifs ainsi que le respect de ses droits et la garantie de sa protection »
57, 62 NUPES. (2022). Le Programme. [online] Available at: https://nupes-2022.fr/le-programme/ [Accessed 10 Aug. 2022].
58 N.D. (2021). Pourquoi #NousToutes réclame un milliard d’euros pour lutter contre les violences faites aux femmes. nouvelobs.com. [online] 20 Nov. Available at: https://www.nouvelobs.com/societe/20211120.OBS51227/pourquoi-noustoutes-reclame-un-milliard-d-euros-pour-lutter-contre-les-violences-faites-aux-femmes.html [Accessed 18 Aug. 2022].
59 Some associations, such as the Fondation des femmes (Women’s Foundation), have been created precisely with the aim of raising funds to finance feminist projects. Its creation in 2016 reflects this need for funding in the fight against gender-based and sexual violence.
60 Gouvernement. (2021). Violences faites aux femmes. Le gouvernement s’engage. Dossier de Presse. Gouvernemnt.fr. [online] Available at: https://www.gouvernement.fr/sites/default/files/document/document/2021/09/dossier_de_presse_-_mesures_contre_violences_faites_aux_femmes_-_03.09.2021.pdf [Accessed 7 Aug. 2022].
61 Nous Toutes. (N.D.). Comprendre les chiffres. [online] Available at: https://www.noustoutes.org/comprendre-les-chiffres/#chiffres [Accessed 8 Aug. 2022].
64 Les Républicains. (2022). Programme. [online] Available at: https://republicains.fr/wp-content/uploads/2021/10/2021-10-25-lR-notre-projet-pour-la-france.pdf [Accessed 10 Aug. 2022].
66 Rassemblement National. (2022). M La France. [online] Available at: https://mlafrance.fr/pdfs/programme-22-mesures-pour-2022.pdf [Accessed 10 Aug. 2022].
67 Reconquête ! (2022). Le programme d’Eric Zemmour. [online] Available at: https://assets.nationbuilder.com/themes/61c071ce4764e8b1483d1a8c/attachments/original/1648220408/programme_eric_zemmour_presidentielle_2022.pdf?1648220408 [Accessed 10 Aug. 2022].
70 Cf. La Féminisation et montée de l’extrême droite en Europe : le cas de la France par Camille Cottais.
71 Although the Quatennens, Bayou and Coquerel cases may have troubled the various parties in the NUPES coalition, and questioned the position of some party members on gender-based violence, the fact remains that the NUPES programme was intended to be strong on such issues and proposed a new approach to the topic/matter.
72, 78 Carenews. (2020). Les violences faites aux femmes en Europe, fracture entre le nord et le sud. Carenews.com. [online] Available at: https://www.carenews.com/fondation-nexity/news/les-violences-faites-aux-femmes-en-europe-fracture-entre-le-nord-et-le-sud [Accessed 8 Aug. 2022].
77 JANSELME, K. (2022). Loi sur le consentement sexuel : l’Espagne, un modèle à suivre. humanite.fr. [online] 23 Jun. Available at: https://www.humanite.fr/societe/violences-faites-aux-femmes/loi-sur-le-consentement-sexuel-l-espagne-un-modele-suivre-755660 [Accessed 18 Aug. 2022].
81 A femicide by proxy is the killing of a woman by a man in order to harm another woman.
82 N.D. (2021). Société. ​L’Espagne, premier pays européen à prendre en compte officiellement tous les féminicides, courrierinternational.com 21 Dec., Available at: https://www.courrierinternational.com/article/societe-lespagne-premier-pays-europeen-prendre-en-compte-officiellement-tous-les-feminicides [Accessed 18 Aug. 2022].
83 JANSELME, K. (2022). Loi sur le consentement sexuel : l’Espagne, un modèle à suivre. humanite.fr. [online] 23 Jun. Available at:https://www.humanite.fr/societe/violences-faites-aux-femmes/loi-sur-le-consentement-sexuel-l-espagne-un-modele-suivre-755660 [Accessed 18 Aug. 2022].
84 N.D. (2020). Viols. Le Danemark inscrit le consentement sexuel dans la loi. Courrier International. [online] 18 Dec. Available at: https://www.courrierinternational.com/article/viols-le-danemark-inscrit-le-consentement-sexuel-dans-la-loi [Accessed 8 Aug. 2022].
85 ROMAGNAN, M. (2021). Hébergement d’urgence : le parcours du combattant des victimes de violences conjugales, francetvinfo.fr. [online] 26 mai. Available at: https://www.francetvinfo.fr/societe/violences-faites-aux-femmes/hebergement-d-urgence-le-parcours-du-combattant-des-victimes-de-violences-conjugales_4638367.html [Accessed 3 oct 2022].
86 Protéger l’enfant. (2022). Connaissez-vous le téléphone Grave Danger ? [online] Available at: https://www.protegerlenfant.fr/2022/01/26/telephone-grave-danger/ [Accessed 3 oct 2022].
87 BOURGEROL, E. (2021). Bien accueillir les victimes de violences sexuelles : à quand de vraies formations pour les policiers ? Basta ! [online] 18 Nov. Available at: https://basta.media/Porter-plainte-pour-violences-sexistes-et-sexuelles-accueil-commissariat-gendarmerie-NousToutes [Accessed 3 sept 2022].
88 Gouvernement. (2021). Violences faites aux femmes. Le gouvernement s’engage. Dossier de Presse. Gouvernemnt.fr. [online] Available at: https://www.gouvernement.fr/sites/default/files/document/document/2021/09/dossier_de_presse_-_mesures_contre_violences_faites_aux_femmes_-_03.09.2021.pdf [Accessed 7 Aug. 2022].
89 Protéger l’enfant. (2022). Les bracelets anti-rapprochement. [online] Available at: https://www.protegerlenfant.fr/2022/07/05/bracelet-anti-rapprochement/ [Accessed 3 oct 2022].

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