On 25 September, the Criminal Court of Brussels in Belgium applied for the first time a conviction for «remote rape"«If the events took place in Belgium, how does this work in France? What impact does this have on underage victims of similar crimes?"
The facts: convicted of remote rape
A 25-year-old man was found guilty of «indecent assault, incitement to debauchery and several acts including remote rape». Between 2011 and 2016, he had created numerous fake profiles on Facebook and used them to virtually harassing underage girls.
These victims were forced to engage in sexual acts in front of their webcams and were subsequently blackmailed.
What does the law say?
In Belgium, Article 375 of the Penal Code applies. In France, Articles 222-13 to 222-26 of the Criminal Code defines rape as a crime and specifies:
“Any act of sexual penetration, of whatever nature, committed against another person or against the perpetrator by means of violence, coercion, threat or surprise. Any act of sexual penetration is covered: oral, vaginal, anal, by the penis, by the finger, by an object.
The penalty incurred is 15 years' imprisonment. It is 20 years' imprisonment if the rape is committed with one or more aggravating circumstances, in particular if it is committed:
– on a person under the age of 15 at the time of the offence; ;
– by the spouse, cohabiting partner or partner linked to the victim by a civil partnership, or former spouse, former cohabiting partner or former civil partner, including when they do not live together; ;
– on a victim who was contacted by the perpetrator via the Internet; ;
– in the presence of a minor who witnessed the events; ;
– on a particularly vulnerable person (disabled, ill, pregnant) or dependent due to their precarious economic or social situation; ;
– under the influence of alcohol or narcotics, or with the use or threat of a weapon, or by several persons (perpetrator or accomplice); ;
– where a substance has been administered to the victim, without their knowledge, in order to impair their judgement or control over their actions; ;
– in the course of this activity, on a person who engages in prostitution, including on an occasional basis; ;
– by a person who has legal or de facto authority over the victim or who abuses the authority conferred on them by their position.”The Belgian courts ruled that there was no consent and that one of the young victims, forced by her attacker to masturbate in front of her webcam, had acted under duress. The man was given a five-year suspended sentence.
This decision is a step forward in recognising that intentional criminal acts committed via computer screens, including with the «assistance» of victims coerced under threat, are indeed criminal offences.»
Grooming, cyberbullying, webcam blackmail: what are the consequences for young victims?
When committed under such conditions, these acts have very real psychological consequences.
The first facts of stripping in front of the webcam, which then enable blackmail and threats to obtain more, often emphasise the phenomenon of control and the difficulty of breaking free from it.
Psychological control consists of using mental manipulation to achieve one's ends. Recognising psychological control often takes time. It is only when the victim is alerted by those around them, or by their own unease, that they can begin the process of freeing themselves from the manipulator's control. It is characterised by different stages that gradually lead to emotional dependence and the manipulator gaining power over their victim.
Depending on the manipulator's motivations, psychological control can lead to domination, threats, demands for perfection, isolation, or pleasure in seeing their victim under their control. Psychological control isolates the victim from their social circle. The more the latter warns about the abuser's control and manipulation, the more the victim withdraws into the process of emotional dependence.
