Commission on incest: parental authority, right of access … the three recommendations of the Ciivise

the essential The Independent Commission on Incest and Sexual Violence Against Children (Ciivise) has made three recommendations to protect children more quickly. Since its launch, it has collected more than 5 000 testimonies, including many from the mothers of victims.

Since the start of its work in March, the Independent Commission on Incest and Sexual Violence against Children (Ciivise) has received “appeals for help” from hundreds of mothers whose children have revealed sexual violence. from his father. Instead of being heard by institutions, they are suspected of manipulating their child to harm their spouse, most often in the context of a separation. The Ciivise made three recommendations.

The suspension of the exercise of parental authority

The Incest Commission recommends suspending the exercise of parental authority and the visitation rights of a parent prosecuted for incest to “better protect the children”, in its first opinion delivered on Wednesday.

“Suspend” the criminal proceedings for “non-representation of a child”

As soon as an investigation is opened for incest, the commission recommends to “suspend” the criminal proceedings for “non-representation of a child” against a parent who refuses to leave his child to the suspected parent. Many women are faced with this dilemma: respect the law and let their child spend time with their father or protect their child and risk being sued. The mother who wants to protect her child from the incestuous father must be protected, for the Ciivise.

A suspended visitation and accommodation right

If criminal proceedings are brought against a parent for incest, visitation and accommodation rights must be suspended “as of right”, as well as “the exercise of parental authority”. “We secure the child”, explains Judge Édouard Durand, co-president of Ciivise.

“Find these children”

The risk is not to invent violence but not to protect victims, notes the Ciivise, which calls for “believing the child” and notes that “scientific studies show that false denunciations of mistreatment are marginal in a context of parental separation “. Each year, 22 000 children suffer sexual violence from their father, according to Ciivise. Yet in 2020, only 1 697 people were prosecuted for incestuous rape of a minor or sexual assault of a minor.

“We must find these children. We cannot know that 22. 000 children are concerned and, when you have one in front of you, say: it’s not the right one, ”said Judge Durand. “We listen to adults who, at 40 or 70, express the suffering caused to them by incest. child victims, we must believe them today, not wait until they are 40 years “.

The “systematic suspicion” of professionals towards mothers is a “major obstacle” to the protection of child victims, according to the Incest Commission. She “calls on all professionals to outlaw the use of pseudo-parental alienation syndrome”, an unscientific and controversial concept, which claims that the mother manipulates the child so that he refuses to see the other parent.

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