How to prevent rape perpetrators from reoffending? Key takeaways from the Senate inquiry into the prevention of reoffending

"It's misery," summarizes Socialist Senator Laurence Rossignol, as the Senate's Women's Rights Delegation and Law Commission have just unveiled the conclusions of their investigations into the prevention of recurrence of sexual violence. The two bodies had created a commission of inquiry following the rape and murder of Philippine in November 2024 .

This femicide highlighted shortcomings in health care and in the socio-legal monitoring of convicted perpetrators in prison and after their release. The members of the commission of inquiry interviewed nearly 100 people and made three visits, including to the Yonne department and to Fresnes prison. The commission delivered its findings after six months of work. Here are the key points of their report.

The commission of inquiry highlighted shortcomings in the medical-social sphere, particularly the lack of psychiatric experts and coordinating physicians to care for perpetrators. It therefore proposes mobilizing psychologists when the accused does not have psychiatric disorders, which are a minority among aggressors according to experts.

The senators also recommended creating a genuine injunction for treatment during detention. This was a key point highlighted by the experts interviewed during their investigation. Sexual offenders (SAOs) are currently not required to accept follow-up care during their detention.

The commission also asks the Ministry of Justice to prioritize sexual violence: " The magistrates told us that criminal policies operate through successive policies. First, terrorism and radicalization, which we understand of course, then there was the priority given to domestic violence. Meanwhile, complaints of sexual violence are piling up, and right now it's drug trafficking: it's once again justified , but sexual violence is never a priority for justice ," laments Laurence Rossignol.

In France, the recidivism rate for sexual offenses is estimated at 5.7%, according to figures from the Ministry of Justice. This is an unrealistic percentage given the very low conviction rate (0.6%, according to INSEE), and the gap between the number of violent incidents and the resulting complaints. " There is a glaring lack of usable data to assess the recidivism rate, and the acts committed repeatedly. No one collects this information or reports it either ," lamented Socialist Senator Audrey Linkenheld. "We are not able to know if incarceration and socio-judicial monitoring have an impact on recidivism ."

The six co-rapporteurs focused on pornography consumed by minors. In 2023, minors represented 25% of those accused of sexual violence, and were often victims themselves. " Around 20% of each age group experience acts or images of this type ," laments centrist senator Annick Billon. "Everything that is prohibited in society by law and morality is permitted in pornography ." The average age of first exposure to pornographic content is estimated at 11, according to Dominique Vérien, centrist chair of the Law Committee.

" We have a problem of societal coherence ," adds socialist Laurence Rossignol. " Everyone is in favor of ensuring that children do not suffer sexual violence, but some associations and political groups believe that education in emotional life encroaches on schools and has no place. It is a problem of coherence between our ambitions for a society without violence against children and how we approach children in our society ."

More generally, pornography, whether before or after reaching the age of majority, is consumed by almost all perpetrators of sexual violence. "It's a public health issue, not a free trade issue," said Laurence Rossignol, recalling the Court of Cassation's ruling last week in the "French Bukkake" case. The court considered the pornographic shoots in question to be pimping on the part of the producers, who profited from this activity.