The case, which arose in 2017, is behind the 2021 law setting a threshold for non-consent at 15 years.
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The case had initiated the debate on the non-consent of minors. A 33-year-old man was sentenced on Friday, November 4, to eight years in prison for having raped, in 2017 in Val-d’Oise, an 11-year-old girl, Sarah, whom he had then judged “consenting”. “The court finds that the sexual acts were committed by moral constraint and by surprise”declared the president of the criminal court of Pontoise, composed of five professional judges.
The victim, to “11 years and 10 months did not present the sufficient maturity nor the discernment to consent to the sexual relationship”argued the president of the court, after a deliberation of more than three hours. The accused, aged 28 at the time of the events and who could not ignore the age of the child, has “abused vulnerability” of the victim “to achieve the immediate satisfaction of [ses] desires and [de son] sexual arousal”.
This case “iconic”, according to child protection associations, had resulted in the law of April 2021 setting a threshold of non-consent at 15 years. However, the accused was tried under the old law, the more severe criminal law not being retroactive. “The family is relieved, it was a very long journey to obtain a requalification for rape. This case brought about a change in the law so it is also a victory for law and justice”reacted Carine Durrieu-Diebolt, lawyer for the girl and her parents.