French Court Rules an 11 Years old “Consented” to Sex with a 28yo man, So Not Charged for Rape

148

SIGN THE PETITION HERE

A 28-year-old man sexually assaulted an 11-year-old girl in Paris suburb Court rules he cannot be prosecuted for rape as she did not protest The girl’s family says she was silent as she was ‘paralyzed by fear’

Prosecutors said they could not justify charging the man with rape as there was no ‘violence, constraint, threat or surprise’.
Instead, the 28-year-old has only been charged with sexual abuse of a minor, The Local reports.

There was anger and shock in France this week after it emerged that prosecutors had deemed an 11-year-old’s sexual relationship with a 28-year-old man was consensual.
The case, which made national headlines and led to anger among children’s rights groups, centers around a sexual encounter that took place between a 28-year-old man and an 11-year-old girl in a Paris suburb back in April.

At the man’s suggestion, the girl is understood to have agreed to follow him home from a park in Montmagny, to the north of Paris.

He had reportedly promised to teach her how to kiss. But once at the apartment, the man had sexual relations with the girl.

The girl’s family and legal team were insistent that the man should face rape charges, saying the girl was “paralyzed” by fear and “unable to defend herself”.

But to their anger and to the shock of many in France prosecutors decided to only charge the man with sexual abuse of a minor (atteinte sexual).

Their reasoning was that “there was no violence, no constraint, no threat, and no surprise” on the part of the man to justify the charge of rape.

Essentially they judged that she had consented to the sexual encounter because she was not physically forced into the act.

Rights groups call for law change

The girl’s mother insists her daughter was raped.

“She thought it was too late, that she didn’t have the right to protest, that it wouldn’t make any difference, so she went into autopilot, without emotion, and without reaction,” the mother told the Mediapart news site.

One expert on similar cases told Le Figaro that “submitting was not consenting”.

Rape victims, the expert said, sometimes “switch off” and no longer feel fear. This is especially true among child victims, the expert told the paper.

Rights group Le Voix de l’Enfant said in a statement: “The question of consent or its absence should never even be asked when it comes to rape victims who are minors”.

Other groups have called for the French legal system to introduce a legal age under which sexual consent is never presumed.

What does the French law actually say?

In this case, it’s more about what the law doesn’t say. For adults, if there is no threat or violence during a sexual act then it’s deemed to be consensual.

Share Your Opinion