The cleric, who died in 2007, can no longer be prosecuted, while most of the facts risk being considered prescribed. In addition, prosecutions for “failure to report” are likely to be complicated from a criminal perspective.
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He was a figure adored by the French. Seventeen years after his death, Abbé Pierre is now described as a sexual predator. Following the publication, during the summer, of two reports commissioned by the Emmaüs movement and the Abbé-Pierre Foundation, 24 women now accuse him of sexual violence, including forced kissing, masturbation and blowjobs.
After The second report from the specialist firm Egae, made public by the foundation on Friday 6 September, pSeveral associations have called for legal action. “I find it scandalous that justice is silent”thus denounced on franceinfo Arnaud Gallais, co-founder of the association for the defense of children’s rights Mouv’Enfants. The latter demands a “self-referral to the public prosecutor’s office“ in the name of the “dignity for victims”It remains to be seen what legal action could be taken.
Since he has passed away, Abbé Pierre can no longer be subject to legal proceedings. “The criminal proceedings against him are inadmissible because they have been extinguished”Benjamin Moron-Puech, professor of private law and criminal sciences at Lumière Lyon 2 University, reminds franceinfo. Furthermore, most of the facts reported are statute-barred, lawyer Carine Durrieu Diebolt, who defends victims of rape and sexual assault, told franceinfo.
But “For the words of the women who testify, it would be important for them to be heard by the French justice system”estimated Friday on franceinfo the co-founder of the collective Action juridique féministe, Violaine de Filippis-Abate. If the lawyer believes that the legal consequences “seem unlikely”she emphasizes that “The prosecution can still open an investigation for statute-barred facts” for the purpose of “collect the victims’ words and take stock of what happened.”
Several remedies are also available to victims, including civil liability action. The purpose of this is to repair damage, unlike criminal liability, which aims to punish the perpetrator of criminal behavior. “Actions against his estate and against structures for which he worked are possible”estimates Benjamin Moron-Puech, professor of law, to franceinfo. According to the specialist, the reasons given could be the “fault for negligence due to inaction” and the “liability for the actions of others”.
Were the charities, their members and their leaders aware of these accusations? And if so, what did they do? The courts could seek to establish responsibilities. “How is it that Abbé Pierre, for events ranging from the 1950s to the 2000s, was able to act in this way without it being said or denounced?”asked the general director of the Abbé-Pierre Foundation, Christophe Robert, on France 5 on Saturday. In The ParisianVéronique Margron, president of the Conference of Religious Men and Women of France (Corref), said on Saturday that the religious “couldn’t hide”And that there was therefore “necessarily dozens of people who saw” And “didn’t say anything.” If so, “of the procedures for non-reporting of crimes or offences can be implemented”according to lawyer Carine Durrieu Diebolt.
Several warnings appear to have been ignored or even hushed up. In the first report (PDF) In a report published in July by Egae, one of the victims recounts having warned community leaders of the abuse committed by the priest in 1995: “They were unmoved. I thought, ‘They’re protecting something. This is unhealthy.'” Another victim of molestation, an employee at the headquarters of Emmaüs International, said she also warned the management in 1992, who replied: “We thought he had calmed down.” “Female colleagues were instructed not to go see Abbé Pierre alone.”according to another employee. In short, “A whole generation knew that Abbé Pierre was slipping up”testifies a person close to the movement, heard as part of the investigation.
The second report published in September refers to accusations that are sometimes very old, dating for example from a trip by the priest to New York in 1955. One victim claims to have suffered “a touch on the breasts” in 1981 wrote a letter, 24 years later, to the Capuchin fraternity in Paris, a community to which the religious belonged. This letter was found in the archives of the diocese of Grenoble-Vienne, which undertook research after the recent revelations. The letter had been forwarded to the diocese, to which the priest had been attached. But for all that, the current bishop assures that the institution was not “not aware”.
However, holding the structures for which Abbé Pierre worked criminally liable appears to be delicate. “Proof is required that the information was brought to the attention of the clerical authorities. The letters that were sent and those in response must be attached to the file.”points out Carine Durrieu Diebolt. Punishable by three years of imprisonment and a fine of 45,000 euros, five years and 75,000 euros when the victim is a minor under 15, according to the Penal Code, the offence of failure to report is prescribed after six years from the date on which the perpetrator becomes aware of the facts. In the event of a trial, “the question of the starting point of the prescription will be debated”anticipates Carine Durrieu Diebolt. “Will it be postponed or not when the prosecution and the legal authorities are informed of the failure to report the facts?”asks the lawyer.
In parallel with justice, victims can also try to request financial compensation from two organizations set up by the Catholic Church in 2021: the National Independent Authority for Recognition and Reparation (Inirr) and the Recognition and Reparation Commission (CRR). “These procedures are not intended to rule on the guilt of the attackers, but only to award financial compensation to the victims, capped at 60,000 euros.”recalls lawyer Carine Durrieu Diebolt. The authorities are, however, criticised by several associations, particularly for their slowness and their proximity to the Church.
The president of Corref is calling for the creation of a body for reparations for the victims of Abbé Pierre. “What the victims need is not just a meeting, but an institution that recognizes its responsibility. Here, this is undoubtedly what falls to the Emmaüs movement“detailed Veronique Margron near the ParisianFor its part, the Abbé-Pierre Foundation, which is going to change its name, announced on its website on Friday the creation of a commission of independent experts. “in particular to understand and explain the dysfunctions which allowed Abbé Pierre to act as he did for more than 50 years.”