In a significant move to bolster protection against sexual abuse, the Chamber of Deputies granted approval for the modernisation of Luxembourg's criminal law on Wednesday.
The decision received 55 votes in favour and three abstentions, marking a pivotal step in aligning with an EU directive.
The updated legislation seeks to provide greater clarity and rigour in addressing sexual abuse cases. Notably, the term attentat à la pudeur ("indecent assault") is replaced with a definition that emphasises the violation of one person's sexual integrity by another.
Beyond linguistic changes, the law introduces a new approach centred around the concept of consent, distinguishing between consensual sex and rape. Silence is not deemed as consent, and the withdrawal of consent during sexual intercourse holds legal relevance.
In addition, the legislation explicitly prohibits individuals aged 16 and above from engaging in sexual relations with those under 16. However, a "Romeo and Juliet" clause permits sexual acts between young people of nearly the same age, with a permissible age difference of four years, similar to the provisions in France.
The definition of rape is now more comprehensive, encompassing not only penetration but also any acts wherein the victim is coerced into actions towards the perpetrator, themselves, or a third party.
Incest is now a distinct criminal offence. In the case of serious sexual crimes, the statute of limitations is annulled.
