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Girl, 11, ‘consented’ to sex with man, 28, French prosecutors declare

entremet

Member
Dec 6, 2008
85,707
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Full title is even crazier:

Girl, 11, ‘consented' to sex with man, 28, who lured her from a park, French prosecutors declare

http://www.news.com.au/world/europe...2093ce36c9cac0dff795e9305a197bf?ref=hvper.com

A SHOCKING court decision that declared an 11-year-old girl consented to sex with a man, 28, has sparked outrage in France.

Prosecutors deemed the child had engaged in a consensual ” sexual relationship" with the man, leading to immediate backlash from children's rights groups.

The case centred on allegations the man lured the girl from a park in the northern Paris suburb of Montmagny to his nearby home.

The Local news outlet reported the man allegedly raped her. The girl's family said she was ”paralysed" by fear and ”unable to defend herself".

The reasoning was that she was not physically forced into the act. Yikes at that reasoning.

More detalis:

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.

But this law doesn't take into account those under the age of 15, which is the legal age of consent - at least not for rape.

The penal code says that ”Committing a sexual offence against a minor under the age of 15 without violence, constraint, threat or surprise is punished by five years' imprisonment and a fine of €75,000."

And this only mentions "sexual offences" (atteinte sexuelle) and not rape.

In the UK, meanwhile, there is an ”irrefutable presumption of an absence of consent" in all sex acts against those under the age of 16. Similar laws are in place in Germany and Spain.

He evades the rape charge for now but charged on the sexual offense count. Trial will start in Feb of next year. Moreover, the victim's lawyer will ask for a requalification on the charges to get more accurate charges.

https://www.thelocal.fr/20170927/anger-in-france-as-girl-11-judged-to-have-consented-to-sex-with-man
 

Clockwork

Member
Jun 7, 2007
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Admittedly I did not read the article yet, but are there no age of consent laws there?
 

Oersted

Member
Mar 14, 2012
32,328
1
0
Essentially they judged that she had consented to the sexual encounter because she was not physically forced into the act

The good old "she wasn't violently resisting therefore not rape" defense

Disgusting
 

BlueBadger

Banned
Dec 23, 2013
6,326
0
0
Vancouver
What the fuck. WHY.

EDIT:
”Essentially they judged that she had consented to the sexual encounter because she was not physically forced into the act,"

Looks like somebody needs to educate these people on what sexual assault is. Jesus. Scary to think that this even needs to be taught to people in the legal realm
 

A-V-B

Member
Jun 10, 2013
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FreeMufasa

Junior Member
Nov 18, 2010
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Fuck and this piece of shit gonna be out and about and will probably strike again.

If the law ain't gonna deal with him, hope someone else will
 

thelatestmodel

Junior, please.
Dec 17, 2008
6,155
1
0
Ontario, Canada
Wow, that's disgusting. Even if she literally said "yes I'm OK with this" it's still very much not OK. Reading this story makes my skin crawl.

There are now calls for French legislators to introduce a legal age under which sexual consent cannot be presumed.

How is this not in place already.
 

KojiKnight

Member
May 24, 2012
20,243
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630
The problem is when the laws were made and how they were written... It's easy for things like this to slip through the cracks until a tragedy happens and it's brought to light. They'll have this corrected in no time, it's just a shame that in the mean time a child had to suffer and a rapist gets off free and clear.
 

Audioboxer

Member
May 11, 2010
21,939
11
1,030
UK
Yeah, that is fucked up.

But in a decision that's prompted anger, prosecutors decided ”there was no violence, no constraint, no threat, and no surprise" on the part of the man to justify the charge of rape.

What? At young ages, we morally agree both the body and the mind hasn't fully developed to be at a level where the average person truly understands what they are doing/engaging in when it comes to sex.

This is like victim blaming. There are no bruises so, no crime folks. Fuck that.
 

Sakura

Member
Feb 13, 2012
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Fukuoka, Japan
So basically, France doesn't have a statutory rape law, so he is charged for having sex with a minor, but not punished for rape because it doesn't fit the legal definition of rape they have.
Am I understanding right?
 

mr jones

Ethnicity is not a race!
Dec 4, 2004
5,611
2
1,590
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I was going to say something.

But nah. At the end of the day, there's just sick people with fucked up moral compasses everywhere, so hey! Here's another news story about them. Yay.
 

A-V-B

Member
Jun 10, 2013
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So surely this means that in France 11-year-olds are also bound to contracts that they sign by themselves, right? And if not, how can a little kid consent to anything?!

Total fucking insanity.
 

Sevenfold

Member
Mar 4, 2014
1,829
214
540
The good old

That's the point. No one has ever felt the need to update the archaic law.

Hopefully the outrage will change the law but you'd think given the circumstances there'd be a common sense interception. Poor kid. Her father (and mum of course) must be in a rough place right now as regards the defendant..
 

Elandyll

Banned
Oct 13, 2014
7,121
0
0
Arizona
It‘s rape.
Yes.
The problem here is how antequated the law is, stating that for a rape to have been commited there has to be physical constraint/ violence.

The first report is inaccurate in the OP. The age of consent being 15, by definition she could not consent which brings us to this obvious legal bullshit:

By definition she could not consent under 15, yet also by definition she wasn't raped due to the absence of physical violence.

It's a huge call for the completely obsolete rape laws to be revised (and hopefully bump aoc to at least 16).
 

FDC1

Member
Aug 15, 2012
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So basically, France doesn't have a statutory rape law, so he is charged for having sex with a minor, but not punished for rape because it doesn't fit the legal definition of rape they have.
Am I understanding right?

There is not (yet) a fixed age under which a sexual relation would be automatically considered as rape. This is a case by case scenario.
 

Always-honest

Banned
Jan 11, 2008
41,668
1
0
That's disgusting. I wish all pedos would disappear.

But this is one sick mistake from the court. Just ..... baffling.