French prosecutors have not recognized the 28-year-old man guilty of raping 11-year-old girl, and thought that she agreed to join him in a sexual relationship. On Wednesday, September 27, reports The Local.
The case occurred in April in the suburbs of Paris in Montmagny. According to investigators, the man lured the girl to his home, where he promised “to teach her how to kiss”. However, there they had sexual intercourse.
The child’s family and her lawyers demanded to recognize the man guilty of rape, saying the girl was “paralyzed” by fear and “unable to protect themselves.”
In turn, prosecutors decided to indict the man who was the father of two children, according to the article on sexual abuse of minors (atteinte sexuelle), but not about the rape, as demanded by the lawyers of the victim. It was found that on the part of men to address the child was not produced by any action of a violent nature, as well as threats. Thus, it was found that the girl was not against sex with a man and she agreed to join him in a sexual relationship.
The age of consent in France is 15 years. Article 227-25 of the Constitution States: “Coitus without violence, coercion, threat or surprise is a sexual offence by an adult towards a child’s personality at the age of fifteen years and shall be punishable by deprivation of liberty for a term up to five years and a fine of 75 thousand euros.” However, the article only mentions “sexual crimes” (atteinte sexuelle), not rape.
The trial of man was postponed to 13 February 2018.