French Code of Criminal Procedure
In forceThe judicial police officer, acting in the course of an investigation or on the basis of a letter rogatory, may proceed against any person against whom there is serious or corroborating evidence of having committed rape, sexual assault or sexual molestation as provided for in the
articles 222-23 to 222-26and
227-25 to 227-27of the Penal Code, to a medical examination and blood test to determine whether that person is not suffering from a sexually transmitted disease.
The doctor, nurse or person authorised by the provisions of the Public Health Code to perform acts reserved for these professionals, who is requested to do so by the judicial police officer, must endeavour to obtain the consent of the person concerned.
At the request of the victim or when his or her interest justifies it, this operation may be carried out without the consent of the person concerned on the written instructions of the public prosecutor or investigating judge, which are placed in the case file.
The result of the screening shall be brought to the attention of the victim or, if the victim is a minor, of his or her legal representatives or the ad hoc administrator appointed pursuant to the provisions of
article 706-50.
Refusing to undergo the screening provided for in this article is punishable by one year's imprisonment and a fine of 15,000 Euros. Notwithstanding the provisions of the
articles 132-2 to 132-5of the Penal Code, these penalties are cumulative, without the possibility of confusion, with those likely to be pronounced for the crime or misdemeanour that was the subject of the proceedings.
