Law n° 2020-05 of January 10, 2020 modifying Law n° 65-60 of July 21, 1965 on the Penal Code EXPLANATORY STATEMENT Sexual violence is a serious form of attack on the integrity of persons, the main victims of which are women and children. With a view to strengthening the protection of these vulnerable categories, the State of Senegal has, early, set up a penalty, updated according to changes in society. The last reform relating to the repression of offenses with a sexual connotation dates back two decades. Indeed, law n°99-05 of January 29, 1999 modifying certain provisions of the Penal Code, among other innovations, defined rape and strengthened its regime, especially when it is accompanied by certain aggravating circumstances. This law, however, did not make it a crime, except where the rape is followed by the death of the victim. It also widened the repression to acts of pedophilia which were apprehended only in their vague form of indecent assault without violence. The penalties carried by these texts deserve to be updated in the direction of their strengthening, in view of the multiplication and intensification of acts of sexual assault noted recently, as well as the devastating consequences of these offenses. The victims come out traumatized, humiliated, dishonored and sometimes stigmatized. They often suffer the consequences of it all their life. These sufferings are both physical and psychological, ranging from sexually transmitted diseases to disorders of the behavior, through pregnancy and loss of self-esteem. With the criminalization of rape and pedophilia, a symbolic step will be taken to properly situate the blame on the rapist rather than on the victim. Criminalization will also be an instrument of deterrence of possible perpetrators of sexual assault and, if necessary, of very severe punishment in case of consuming the offence. This bill fully criminalizes rape and pedophilia, with penalties including life imprisonment. The maximum penalties attached to others sexual offenses, such as indecent assault and sexual harassment, is also noted, with above all the institution of minimum penalties or fixed penalties, even when the judge finds mitigating circumstances for the benefit of the perpetrator. The penalties for violent indecent assault, pedophilia and sexual harassment have been scaled up. Indecent assault on a 13-year-old minor with or without violence is now absorbed by the offense of pedophilia. The circumstance of authority provisions has been simplified and readjusted. Some adjustments to preserve the overall consistency of the system are also made. The penalty of forced labor, although still present in our positive law, constitutes an anachronism which must be expunged. It is no longer executed even when it is pronounced. Its mention constitutes a hindrance or an obstacle to requests for international judicial cooperation. The "criminal imprisonment" is therefore substituted for the penalty "forced labor" in the previous provisions where it is provided for. Finally, the terms “afflictive” and “infamous” are deleted. Such is the structure of this bill. The National Assembly adopted in its session of Monday 30 December 2019, The President of the Republic promulgates the law, the content of which follows: First article. - Articles 1, 7, 24, 42, 319 bis, 320, 320 bis, 321, 431 and 432 of the Penal Code are amended as follows: Article 1. - The offense which the laws punish with police penalties is a contravention. The offense which the laws punish with correctional penalties is a misdemeanor. The offense which the laws punish with criminal penalties is a crime. Article 7. - The penalties in criminal matters are: 1. Life imprisonment; 2. Temporary imprisonment; 3. Criminal temporal detention; 4. Civic degradation. Article 24.- Anyone who has been sentenced to criminal penalty will also be, during the term of his sentence, in a state of legal prohibition; a tutor and a subrogated tutor will be appointed to manage and administer his property, in the forms prescribed for the appointments of tutors and subrogated tutors for prohibited persons. The legal ban will not take effect while on parole. Article 42.- Anyone who has already been sentenced to a criminal penalty will commit a new crime, will be liable to double of the penalty incurred. However, the individual sentenced by a court of the Armed Forces will not, in the event of a subsequent felony or misdemeanor, be liable to the penalties of recidivism unless the first sentence has been pronounced for crimes or misdemeanors punishable according to ordinary criminal laws. "Article 319 bis. - The fact of harassing others by using orders, gestures, threats, words, writings or coercion in order to obtain favors of a sexual nature, by a person abusing the authority that he has from his functions, will be punished by imprisonment of two to five years and a fine of 1,000,000 to 3,000,000 francs.