The Convention known as the "Istanbul Convention," ratified by France in July 2014, defines violence against women as "all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women." This definition first points to the protean nature of these acts of violence, which can also be distinguished according to the sphere of life in which they occur, and according to their perpetrators. It also highlights the fact that this violence cannot be attributed solely to an interaction between two specific individuals, but rather is part of the historically unequal balance of power between men and women, which is one of the main social mechanisms responsible for the domination and discrimination of the latter by the former.
Indeed, while being a woman, in terms of social category, is already a factor of discrimination, some women find themselves at the intersection of several of these factors. Thus, although France "does not see colors", and there are no studies on race, in the social sense of the term, of the victims of sexist and sexual violence, there is no doubt that sexist and misogynistic stereotypes severely affect minority women. The same applies to lesbians, who, by doubly transgressing the social norm of heterosexuality, are more affected than heterosexual women, or for transgender women, whose assaults, fueled by a combination of transphobia and sexism, are numerous. In addition, with sexual violence being a matter of class and precariousness, sex workers are also more vulnerable to violence.
While traumatic memory should be taken into account, other factors tend to explain the reluctance of some victims to file a complaint. In 2020, nearly three-quarters of cases of sexual violence were closed without prosecution. In addition, only one-third of victims who file a complaint of domestic and sexual violence report positive treatment from the authorities. Among the types of mistreatment identified, a survey shows that the most frequent type is the trivialization of the facts (more than two-thirds of respondents reported this), followed by the refusal of police to take the complaint. And yet, in France, the receipt of complaints is a legal obligation for police officers.
Victims of sexual violence
In France, the first victims of sexist and sexual violence are children: according to the Haut Conseil à l'égalité entre les femmes et les hommes (High Council for Equality between Women and Men), out of 300,000 rapes committed per year, 60 percent are committed on victims under 11 years old. Moreover, among the victims of rape, assault or sexual harassment aged under 18, more than three quarters are women. By 2020, law enforcement agencies had recorded more than 25,000 such cases. Women with disabilities are also at greater risk of gender-based and sexual violence: in 2018, 7.3 percent of people living with disabilities reported experiencing physical and/or sexual violence in the previous two years, compared to five percent of able-bodied people.Indeed, while being a woman, in terms of social category, is already a factor of discrimination, some women find themselves at the intersection of several of these factors. Thus, although France "does not see colors", and there are no studies on race, in the social sense of the term, of the victims of sexist and sexual violence, there is no doubt that sexist and misogynistic stereotypes severely affect minority women. The same applies to lesbians, who, by doubly transgressing the social norm of heterosexuality, are more affected than heterosexual women, or for transgender women, whose assaults, fueled by a combination of transphobia and sexism, are numerous. In addition, with sexual violence being a matter of class and precariousness, sex workers are also more vulnerable to violence.
A deficient judicial system
These stereotypes have serious consequences on the reception of the victims' voices and on the treatment of sexual violence cases by representatives of the justice system. One of the most common criticisms made of victims of physical and/or sexual violence, regardless of the context, is not filing a complaint. The discourse surrounding violence against women in the media often ignores the psychotraumatic mechanisms at work among victims. Thus, if trauma studies teach us that a victim in a state of shock or paralysis cannot defend themselves when their physical or psychological integrity is threatened, post-traumatic mechanisms also explain why the victim does not immediately realize the violence they have just experienced. Thus, because of this traumatic memory, the delay between the event and its disclosure can be very long.While traumatic memory should be taken into account, other factors tend to explain the reluctance of some victims to file a complaint. In 2020, nearly three-quarters of cases of sexual violence were closed without prosecution. In addition, only one-third of victims who file a complaint of domestic and sexual violence report positive treatment from the authorities. Among the types of mistreatment identified, a survey shows that the most frequent type is the trivialization of the facts (more than two-thirds of respondents reported this), followed by the refusal of police to take the complaint. And yet, in France, the receipt of complaints is a legal obligation for police officers.
