My Rights During Custody
- You are allowed to call a family member (parents, siblings) or the person with whom you live, in order to warn them of the situation.
- You qualify for a medical exam.
- You area llowed to talk with your lawyer, from the first moment.
- No matter your nationality or status in the country, you qualify for an interpreter.
Protection Against Violence
If you are a victim of violence or force exerted by your procurer(s) or by client(s), you benefit from victim assitance.
- The rights of victims are increasingly more recognized by the law and instructions are given to police services en the gendarmerie units in order to improve their care.
- Within each department, tools of support and assistance have been created, such as departmental correspondants to help victims, completed by the permanency of associations, social actors or psychologists.
- Particular attention is now paid to violence against women, especially domestic violence...
What to do in case of Sexual Aggression ?
If you are a rape victim (client or procurer), it is a crime that falls within the Assizes Court. It is characterized by the act of vaginal, anal, or oral sexual penetration by the hand or an object, imposed by psychologic or physical force.
- Other non-consenting penetration acts are deemed under a strict sexual assault offense, which is tried by the Criminal Court.
Financial Aid
The common right that applies, with varaiations, to every person of the European Community, also applies to every prostitution or human trafficking victim.
Prostitution is not a job, therefore, there is not a specific sector for social security, healthcare or other types of protection. However, like every person in precarious situations, prostitutes can; theoretically, be entiltled to a minimum income (RSA).
The Temporary Allowance for Waiting (L'Allocation Temporaire d'Attente- ATA) can be attributed to trade victims who have a temporary residence permit. The amount of ATA is fixed to 11.20 € ($15.52 USD) per day for a maximum of 12 months.
Accommodations
Victims with the purpose of sexual exploitation can benefit from the National Tool for Home and Protection of Human Trafficking Victims - Dispositif National d'accueil et de protection des victimes de la traite des êtres humains Acsé.
You can also contact grassroots organizations that can help you in your efforts.
Professional Integration
From the moment that you have a temporary residence permit for trade victims with the purpose of sexual exploitation, you are qualified to work.
Universal Health Care Coverage (Couverture Maladie Universelle- CMU)
Not available for illegal foreigners. Every person who has lived in France for at least 3 months benefits from a mandatory social insurance. It only entitles the reimbursement of consultations, treatments and medications. The other incurred costs are borne by the patients or associations who represent them..
State Medical Assistance (Aide médicale d'Etat-AME)
The Aide médicale d'Etat (AME) allows illegal foreigners to benefit from healthcare under certain conditions. Every person (French or foreigner) in custody can benefit from AME, if their health requires it.
If you benefit from AME, and, subsequently, your residecy status changes, you will benefit from health insurance either because you work or by the basic Universal Healthcare Coverage (CMU). You can also benefit from the complementary CMU, depending on your resources.
Residence Permit
If a prostitute is a victim of human trafficking, she is guaranteed protection for trade victims. If she is a minor, whether legal or not, she benefits; theoretically, from protection for minors.
A residence permit allows you to stay in France more than 3 months after your entry. If you stay in France for more than 3 months, without a permit, you will be considered as staying illegaly.
In order to obtain a Temporary Residency Permit of at least six months, with the right to work, one must have broken all connections with the offensor (trafficker, procurer).
This permit is renewable depending on your personal situation and/or your cooperation with the authorities for investigations or criminal procedures.
The permit is renewable for the duration of the legal proceedings and may result in a residency of ten years once the conviction of the accused is final.
In the event that there is no conviction, a ministerial "circulaire" invites to consider the possibility of maintaining the right to stay.
You will be provided with free legal assistance and can obtain a compensation, before the judge, for the damage caused by the offense.