In new findings published in a report by Amnesty International, female migrants across France often faced a 'double violence' when they sought police protection after experiencing sexual violence or rape.

In France, only 6 percent of women who are victims of rape or attempted rape file a complaint with the police. Migrant women who seek help from authorities face additional obstacles, ranging from being ignored, to being arrested, to even being deported.

"Everyone has the right to press charges, whether they are documented or not," said Lola Schulmann, one of the authors of the report.

Yet the Amnesty report shows that, "numerous female migrants who were victims of violence went to a police station to be protected [. . .] and were issued an OQTF (obligation to leave French territory) and placed in detention."

National and international law stipulate that no administrative procedure can be launched against a victim who goes to a police station to lodge a complaint. "It’s absolutely illegal,” said Schulmann.

Based upon witness statements from nearly 20 different associations, the report shows the many barriers female migrants in France face when trying to report the sexual violence they experienced to the authorities.

Also read: Exclusive: Women and children risk rape and sexual violence at all stages of EU migration

Even before arriving in Europe, migrant women and girls are vulnerable to multiple forms of exploitation and abuse during their journeys, which often entail sleeping rough and crossing borders via irregular means. Women are usually significantly outnumbered by men, and they are vulnerable to abuse by smugglers and police officers.

Upon arrival in France, migrant women are vulnerable to new forms of violence. A 2023 study published in The Lancet and cited by Amnesty in its report found that female asylum seekers in France were 18 times more likely to experience sexual violence in the months following their arrival than other women in France.

The Lancet study found a correlation between a lack of stable housing and forced sex, documenting occurrences of enduring blackmail (with regard to food, housing, clothing, etc,). "Administrative precariousness can engender an overexposure to sexual violence, especially for those who live in the streets, lack housing, or unfortunately negotiate housing for sexual favors," said Schulmann.

All the associations Amnesty spoke to said they could never be entirely sure how migrant women would be treated in the police stations. To facilitate the process, the association Women for Women France composed a letter for non-French speakers to present at the police station. The document reminds officers of their duty to help victims of sexual and conjugal violence.

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Detained for reporting a night of violence

In April 2024, the association La Cimade took over a case of a woman who went to a police station after an entire night of violence at the hands of her partner, noted Amnesty. She was arrested and detained. Amnesty added that, as its report was being written, the woman was still in a detention center because of her immigration status.

Amnesty noted that these types of situations can have a huge dissuasive effect on women who could file complaints, but decide against it because of their awareness of other women who were forced to leave the French territory.

Several associations cited in the Amnesty report said that police had refused to lodge a complaint, telling women, "You don’t have the right to file a complaint because you are undocumented."

Many associations believed the refusal of the police to file complaints was based upon racial and ethnic prejudices. In one conversation, a representative of an association said a police officer told him, "But wait! You don’t know that we have a hard job. You, in the associations, have the real victims, we have the liars. Be careful with all the venal ones that have come to France for economic reasons and come along now telling us Monsieur is violent."

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A 'game of Russian roulette'

Going to a police station to file a complaint was a "game of Russian roulette" for migrant women, said the associations. A lack of training and shortcomings among police officers meant they often asked victims inappropriate questions or treated them with suspicion. The moment of filing a complaint was often so unpredictable that associations began identifying police stations where complaints were successfully lodged. This allowed them to direct women to those addresses.  

A United Nations Committee wrote in 2023 that France’s definition of rape was "overly restrictive", limiting "the possibility of conviction and makes the criminal process difficult for complainants."

Amnesty suggested that France adopt a new definition of rape based on consent, in line with international norms established by article 36 of the Istanbul Convention.

In a context that is already extremely complicated for French women, Amnesty advises undocumented migrant women seeking protection from gender-based violence to contact the associations specialized in accompanying foreigners, like La Cimade. "They have volunteers that can help launch a legal procedure or file a complaint," said Schulmann.

Also read: Migrant women left out of EU's proposed violence against women directive