France condemned by ECHR over judicial failures to protect underage rape victims. The European Court of Human Rights highlights the failures in protection and the issue of secondary victimization.
A failing justice system when it comes to protecting minors
The European Court of Human Rights (ECHR) has condemned France for how its justice system handled the cases of three teenage girls who reported being raped. In a unanimous ruling, the Court found that French authorities failed to protect the girlsโaged 13, 14, and 16 at the time of the assaults. According to the ECHR, the complaints were not taken seriously enough. The courts failed to properly consider the specific circumstances of the incidents: the victims were very young and under the influence of alcohol, making them especially vulnerable. On top of that, the criminal investigations were handled with a lack of urgency and care. The Court concluded that this amounted to a violation of Articles 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect for private life) of the European Convention on Human Rights.
One of the most shocking cases is that of โJulie,โ who accused 14 firefighters of raping her while she was still a teenager. Julie suffered from episodes of spasms and tetany, and regularly needed emergency medical assistance. Some of those who came to help were her alleged abusers. In 2019, a judge downgraded the charges to โsexual misconduct without violence, coercion, or threats,โ and only three men were sent to a criminal court. This decision outraged both Julieโs family and feminist organizations. In November 2024, two of the firefighters were eventually convictedโbut only received suspended sentences. Julieโs lawyer, Emmanuel Daoud, said the ECHR ruling sends a strong message to the French justice system. He emphasized that the Court made it clear: national courts cannot treat victimsโespecially minorsโwith such indifference and coldness.
A groundbreaking recognition of โsecondary victimizationโ
But the ECHR didnโt stop there. In a historic first, the Court acknowledged a new form of harm: secondary victimizationโthat is, the trauma inflicted by the justice system itself. For the first time, France was found guilty under Article 14 of the Convention (prohibition of discrimination), due to the gender stereotypes present in the way the case was handled. Investigators asked Julie why she didnโt physically resist her attackersโan attitude the Court deemed degrading and a violation of human dignity. The ruling also criticized the sexist assumptions made by the appeals court, calling them both ineffective and humiliating for the victim. This recognition of institutional revictimization marks a significant step in holding justice systems accountable.
The other two girls in the case also experienced deeply painful journeys. H.B., who was 14 in 2020, said she was raped on the night of May 26โ27, adding that she โwould never have done thatโ if she hadnโt been drinking. M.L. reported being raped at age 16 after a party at her home. In both cases, despite the victimsโ testimony and formal complaints, the accused walked free with no convictions. The ECHR ruled that the failure to secure convictions, and the way the legal proceedings were conducted, show a systemic breakdown in Franceโs ability to deliver justice and protect vulnerable minors.