Le traitement juridique des délits sexuels sur mineurs, une enquête de sociologie législative et judiciaire

Abstract : We are witnessing an important evolution in Western society of the condemnation and legal justice as regard to sexual violence towards children, teenager especially girls, but also young boys. It is in this context that my research has been carried out. There has been a double investigation; legislative sociology; and judicial sociology. They put up to date the important placing of age reference, the evolution as regarding sexual norms and representations of illicit sexual relations. The first investigation of legislative historic sociology carries on the evolution of French penal codes dating from the French Revolution to today. It is censed on slow mutations of categories of incrimination that consent (no longer the matrimonial state) becomes the major point that separates permission and the forbidden. The second inquiry of judicial sociology was carried out int the archives of two correctional courts, two children correctional courts in the South of France. It carries upon the documentation of eighty-one judged cases from 2010 for sexual offences against minors. The aim is to put light upon penal qualification of facts, not only the problem of legal proof but also changes as regard to social and judicial norms. The point these two inquiries have in common i the update of two forms of sexual consent: statuary and situation. Throughout this research, the facts were analyzed from different angles: the social-juridical treatment of ages status (minors vs of age and minors vs minors). The meaning given to the age of consent, and legal responsibility; the legal difficulties as regard to incest and finally gender discrepancies between victims and aggressors.
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Marie Romero. Le traitement juridique des délits sexuels sur mineurs, une enquête de sociologie législative et judiciaire. Anthropologie sociale et ethnologie. EHESS, 2018. Français. ⟨tel-02145378⟩

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