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His acquittal had fueled the debate on the establishment of a minimum age of consent to a badual act: a thirty-year-old was sentenced on appeal to seven years in prison for the rape of an eleven-year-old girl in Champs-sur- Marne (Seine-et-Marne).
One year after the acquittal pronounced by the Assize Court of Seine-et-Marne, the Paris Court of Appeal ruled on November 7 that this man was guilty and attached to his imprisonment an inscription on the bad offender file, said Tuesday a judicial source.
In 2017, the first Assize Court found that the elements of rape (coercion, threat, violence and surprise) were not established. The public prosecutor, who had required eight years of imprisonment, had appealed.
Pregnant at 11 years
The facts went back to August 2009, when the pre-teen had followed the accused, 22 years old at the time, in a park. Her family had learned of the facts when they discovered her pregnancy in 2010. The child had been placed in foster care. The young man has always maintained that the relationship was granted.
This acquittal occurred when a similar case, between a 28-year-old man and an eleven-year-old girl, sparked controversy in Val-d'Oise: the Pontoise public prosecutor's office had decided to prosecute him for "badual abuse" – qualification involving the consent of the minor- and not for "rape". A judicial inquiry for rape was subsequently opened.
The "presumption of non-consent" abandoned
Many voices had risen to ask for a "presumption of non-consent", which would regard any penetration of a minor under the age of 15 as a rape.
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Believing that such automaticity might be rejected by the Constitutional Council, the executive finally abandoned the idea, prompting criticism from badociations and professionals in the field of child protection.
The law against badual and gender-based violence, adopted this summer, specifies that when the facts are committed on a minor, up to fifteen years, "the moral constraint or the surprise are characterized by the abuse of the vulnerability of the victim does not not having the necessary discernment for these acts ".
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