Since the end of the summer, Benjamin Mendy has been in turmoil. The French defender, accused of four rapes and one sexual assault, and remanded in late August, was notified of two new charges of rape on Tuesday (November 16th). He was heard on Wednesday November 17, before appearing again on Thursday 18.
Before the trial, the date of which is currently set for January 24, Benjamin Mendy will speak for plead guilty or not guilty during a dedicated hearing, a plea that will necessarily guide his defense. If Benjamin Mendy pleads guilty, he will be able to benefit from a reduction of one third of the sentence. Otherwise, the proceedings will continue until they attempt to shed light on the facts during the trial. Information on the procedure with Richard Furlong, lawyer at the London bar.
Why has he still not been able to present his defense?
The two new accusations unveiled on Tuesday are undoubtedly an element of explanation, guesses Richard Furlong: “Here, the prosecutor usually prefers that everything be tried together, presented together in court.” Thursday’s hearing, where the Manchester City player could speak and plead, could therefore also move towards a postponement at a later date, time to consider new developments in the case. This could have an impact on the date of his trial.
The impacts of the health crisis are also affecting deadlines. “There are big problems of delays: 60,000 trials are now pending”, relates the lawyer, who recognizes all the same that the notoriety of the accused and the media attention paid to the case can speed things up.
Why is he still in pre-trial detention?
The player’s lawyers have so far filed three requests for parole, all of them rejected, which astonishes the lawyer: “It’s quite interesting, given his profile. It’s quite rare that someone like him is still in detention.”, slips Richard Furlong.“There may be elements related to the case, and of which we are not aware, which influenced the judge”, he adds.
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New requests for release can be lodged, but they must be motivated, justified by a change of situation, a new argument, such as a new address.
What is he at risk and what would be the consequences of a possible conviction?
While according to the law, defendants in rape cases risk life imprisonment, in practice the sentences can vary, from five to twenty years. “It is not fixed, it is according to the evil that has been done, according to the responsibility”, explains Richard Furlong. The exercise of violence, the planning of the act, the vulnerability of the victim, the blood alcohol level can thus be taken into account. The fact that there are several complainants is also an aggravating circumstance, according to the lawyer. At 27, his future on the pitch could be seriously compromised in the event of a conviction.
And if Benjamin Mendy is found guilty, the consequences could also exceed the period of his sentence. “In general, for those guilty of rape, there is an obligation to notify the police of his place of residence, all his travels, for holidays for example”, reveals Richard Furlong. This obligation, which falls within the framework of the “Sex offenders register”, a file which lists those convicted of sexual matters, can apply for life.
The judge can also impose orders, via the “Sexual harm prevention order”: “The accused may be required to notify the police before having sex with anyone. He may be checked on his computer or his cell phone, and that can be lifelong too,” complete the lawyer
What sentence arrangements would be possible in the event of guilt?
There is no real sentence arrangement for these cases in the English system. When a firm sentence is handed down, the accused actually serves half, and the other turns into a conditional sentence, notes Richard Furlong.
If found guilty, Benjamin Mendy would have the right to request a transfer to serve his sentence in France, in his region of origin. A provision which, however, also presents delays at the moment, related to international travel restrictions: “Many French and European convicts are waiting in English prisons to be able to return home”, warns Master Richard Furlong.