The legal qualification of the acts of domestic violence determines the range of sanctions and remedies that may be decided by the judge, thereby constituting a major aspect of the proceeding. Set out below are various terms and their definitions:

Domestic violence^[32]

Violence against a spouse or partner, whether the couple is married, bound by a PACS,^[33] in a simple cohabitation or even separated. This may include psychological, physical or sexual violence.^[34]

N/A

Sexual harassment

Article 222-33 of the French Criminal Code

• 2 years' imprisonment and a EUR 30,000 fine
• 3 years' imprisonment and a EUR 45,000 fine in the case of aggravating factors
• monetary damages

Moral harassment

Article 222-33-2 of the French Criminal Code

2 years' imprisonment and a EUR 30,000 fine

Spousal harassment

Article 222-33-2-1 of the French Criminal Code

3 years' imprisonment and a EUR 45,000 fine

Although this is not clearly defined by law, this is generally an act by which a person acts in bad faith for their own needs and/or with a view to harming others.^[38]

N/A

N/A

Rape

Article 222-23 and 222-24 of the French Criminal Code

• 15 years' imprisonment
• 20 years' imprisonment when rape is committed by the victim's spouse or partner
• 30 years' imprisonment if it has led to the death of the victim

  Additional sanctions:

• an injunction for the perpetrator to obtain treatment as part of social/judicial follow-up
• a ban on residence in certain places (e.g., the victim's home) for 10 years maximum
• prohibition from holding a public office

Physical violence

Article 222-7 to 222-15-1 of the French Criminal Code

• 3 years' imprisonment and EUR 45,000 fine if violence resulted in a total incapacity to work for more than 8 days or if the violence has been committed with aggravating factors
• 5 years' imprisonment and EUR 75,000 fine if violence resulted in a total incapacity of more than 8 days and was committed with aggravating factors
• 5 years' imprisonment and EUR 75,000 fine if domestic violence is repeated (10 years/EUR 150,000 if the total incapacity is more than 8 days)
• if violence leads to death, 20 years' imprisonment if caused by a single case of violence or 30 years' imprisonment if caused by repeated violence

Sexual assaults other than rape

Article 222-22 of the French Criminal Code

5 years' imprisonment and a EUR 75,000 fine (7 years' imprisonment and a EUR 100,000 fine in the case of aggravating factors)

Spouse

The victim's spouse or partner or the partner linked to the victim by a PACS.^[35]

Cohabitation

Common-law relationship, characterized by a stable and continuous life together between two persons of the opposite or same sex living together as a couple.^[36]