Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The French Perspective

16 Pages Posted: 23 Dec 2016

See all articles by Martine Herzog-Evans

Martine Herzog-Evans

University of Reims - Law Faculty, France

Date Written: December 13, 2016

Abstract

France literally ‘discovered’ sexual abuse following neighbour Belgium’s Dutroux case in the late 1990s. Since then, sex offenders have been the focus of politicians, media and law-makers’ attention. Further law reforms have aimed at imposing mandatory supervision and treatment, and in rare cases, preventive detention. The legal framework for mandatory supervision and detention is rather complex, ranging from a mixed sentence (custodial and mandatory supervision and treatment upon release or as a stand-alone sentence) to so-called ‘safety measures’, which supposedly do not aim at punishing an offence, but at protecting society. The difference between the concepts of sentences and safety measures is nevertheless rather blurry. In practice, however, courts have used safety measures quite sparingly and have preferred mandatory supervision as attached to a sentence, notably because it is compatible with cardinal legal principles. Procedural constraints have also contributed to this limited use. Moreover, the type of supervision and treatment that can thus be imposed is virtually identical to that of ordinary probation. It is, however, noteworthy that a higher number of offenders with mental health issues who are deemed ‘dangerous’ are placed in special psychiatric units, something that has not drawn much attention on the part of human rights lawyers.

Keywords: preventive detention, mandatory supervision, sex offenders, retrospective penal laws, legality principle

Suggested Citation

Herzog-Evans, Martine, Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The French Perspective (December 13, 2016). Erasmus Law Review, Vol. 9, No. 2, 2016, Available at SSRN: https://ssrn.com/abstract=2889012

Martine Herzog-Evans (Contact Author)

University of Reims - Law Faculty, France ( email )

57 bis rue Pierre Taittinger
Reims, 51100
France

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