Indecent Behavior towards Children: Is a Crime without Violence a Crime? (1810 – 1930s)
In 1832, indecent assault on a child was the subject of a specific legislation and was qualified as “indecent assault without violence” ; it sanctionned any sexual intercourse between an adult and a child under the age of 11 (13 from 1863 and later 15 from 1945 on). The notion of consent therefore became ineffective as the legislator estimated that a child could not produce a consent worthy of the name.
However there was a wide gap between the law and its practice. That practice was haunted all through the 19 th and 20 th centuries by the recurrent question of the eventual consent of the victim to his/her attacker and also by genuine investigations into the child’s morals. These questions would later get a kind of scientific density in the early 1930’s together with the growing importance of psychiatry standing in the field of social speech and of law practice.
Keywords
- France
- 19 th-20 th centuries
- child abuse
- consent
- law practice
- medical speech
- psychiatry