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Can new revelations of sexual violence lead to legal consequences?

Can new revelations of sexual violence lead to legal consequences?
Can
      new
      revelations
      of
      sexual
      violence
      lead
      to
      legal
      consequences?
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SEXUAL VIOLENCE – Revelations about Abbé Pierre have been coming one after another in recent weeks, based on numerous testimonies and journalistic investigations. Twenty-four women now accuse him of sexual violence and it is now proven that many people – Church executives, members of Emmaüs or the Abbé Pierre Foundation – were aware of the accusations of sexual assault and rape. And this has been the case since at least the 1950s.

Accusations against Abbé Pierre: the Church knew for a long time and tried to cover it up, according to these archives

According to an investigation by the Radio France investigation unit published on Monday, September 9, the priest was sent by his superiors to a psychiatric clinic in Switzerland at the end of 1957. Officially for health reasons, unofficially to be sidelined because of repeated inappropriate behavior towards women.

In June 1958, the Archbishop of Paris, Cardinal Feltin, even sent a letter to the Minister of Civil Service, Edmond Michelet, who was planning to decorate the abbot. This was to suggest that he abandon this idea. fort inopportune » car “the person concerned is seriously ill”, as revealed by Radio France.

But then, if everyone around Abbé Pierre was in on the secret, can legal proceedings be initiated today for ” non-denunciation “? The main person concerned having died, he can no longer be the subject of legal proceedings. And the facts are very old, therefore prescribed.

In this case, the Paris public prosecutor’s office indicates to the HuffPost not having received any complaints or reports, in particular targeting people who allegedly protected Abbé Pierre. This would not, however, prevent it from opening an investigation into prescribed facts with the aim of collecting the victims’ testimony and seeking new testimonies in order to shed full light on this affair.

The delicate question of the limitation period

Given the long period during which Abbé Pierre maintained deviant behavior toward women – between the 1950s and 2005, according to the latest testimony, a few years before his death – how many members of the clergy were aware? What did they do? Questioned by franceinfo, lawyer Carine Durrieu Diebolt assures franceinfo what “procedures for non-reporting of crimes or offences may be implemented”.

But it’s not going to be easy. Because the offence of failure to report is time-barred after six years from the date the perpetrator becomes aware of the facts. But how can we determine this time limit? “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.”underlines Carine Durrieu Diebolt who is still wondering. And to note that the limitation period is subject to interpretation: is this date “will it be postponed or not when the prosecution and the legal authorities are informed of the failure to report the facts?”

A possibility that would therefore allow prosecution to be initiated. If this offence is proven, it is 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 years of age.

Beyond criminal proceedings, however, other remedies are possible for victims, as highlighted by franceinfo. They can bring a civil liability action. This is intended to request compensation for damage, without this punishing the perpetrator. Benjamin Moron-Puech, professor of law, explains that “actions against his estate and against structures for which he worked are possible,” by invoking for example a “ fault for negligence due to inaction” or the “ liability for the actions of others”.

Request financial compensation

As for the victims, they can request financial compensation from the National Independent Authority for Recognition and Reparation (Inirr) and the Recognition and Reparation Commission (CRR), bodies set up by the Catholic Church in 2021.

Furthermore, Emmaüs International “think” to a form of compensation for the victims of Abbé Pierre, its general director indicated on Monday, September 9.

The president of the Conference of Religious Men and Women of France (Corref), Véronique Margron, for her part pleaded for the establishment of“a process of justice, recognition, reparation”similar to what was done after the report of the Independent Commission on Sexual Abuse in the Church (CIASE).

Also see on Le HuffPost :

Revelations about Abbé Pierre: at Emmaüs, volunteers and companions are “stunned”

Abbé Pierre accused of sexual assault: a dozen new reports added to the accusations

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