In light of recent events and following the publication of the results of the internal survey conducted at CentraleSupélec on gender-based and sexual violence, we propose to better define what this means. This article is the first in a series in which we will offer you a step-by-step better understanding of gender-based and sexual violence as well as information on the measures in place.
When do we talk about gender-based or sexual violence?
Gender-based and sexual violence (GBV) covers a variety of acts, behaviours or comments that infringe on an individual’s fundamental rights and physical and/or psychological integrity. These situations are expressed in the absence of consent, under duress or under threat, and can take various forms: disrespectful attitudes, sexist behaviour, harassment, sexual assault, rape, and concern all individuals, regardless of their gender or sexuality. They are prohibited and punishable by law.
Source: Government website “Arrêtons les violences”.
What the law says:
Any sexual act committed with violence, coercion, threat, or surprise is prohibited and punishable by law.
Coercion implies the existence of physical or moral pressure. Threatening can be the fact that the perpetrator announces reprisals if the victim refuses. Surprise is used when, for example, the victim was unconscious or under the influence of alcohol.
The different forms of gender-based and sexual violence:
- Gender-based contempt
Sexist contempt is a manifestation of sexism, which is expressed by behaviour with sexual or sexist connotations, which, regardless of the space in which it is expressed or the forms it takes, undermines the dignity of the person because of its degrading or humiliating nature, and creates an intimidating, hostile or offensive situation. These behaviours do not need to be repeated for the offence to be characterised. (Article 621-1 of the Criminal Code)
- Sexual harassment
Sexual harassment (Article 222-33 of the Criminal Code) is an offence. It is defined as “the fact of repeatedly imposing on a person comments or behaviour with a sexual or sexist connotation which:
- undermines their dignity because of their degrading or humiliating nature,
- creates an intimidating, hostile or offensive situation for them.
Sexual harassment is defined as the use, even if not repeated, of any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or a third party.
The offence is also constituted:
– When these comments or behaviours are imposed on the same victim by several people, in a concerted manner or at the instigation of one of them, even though each of these individuals has not acted repeatedly.
– When such comments or behaviour are imposed on the same victim, successively, by several individuals who, even in the absence of concerted action, know that such comments or behaviour constitute a repetition.
- Sexual assault
Sexual assaults other than rape (Articles 222-22 and 222-27 to 222-30 of the Criminal Code) are offences.
They are defined as “an act of a sexual nature without penetration committed on another person, by violence, coercion, threat or surprise“. This may include, for example, contact or touching of a sexual nature.
Sexual assault also includes “forcing a person by violence, threat or surprise to engage in sexual activities with a third party” (Article 222-22-2 of the Criminal Code).
For more information, see: “Arrêtons les violences”.