The Nanterre prosecutor’s office has opened an investigation into “violence against a minor under 15 without incapacity”. A three-year-old girl was beaten by her teacher in a school located in the 15th arrondissement of Paris on September 4.
The scene was filmed and the images show a little girl crying before an adult hits her in the back. The student is then put in the corner, continuing to cry. We can then see the teacher spraying a product in the direction of the little girl, saying to her: “There, does that feel good there?”. The victim’s parents filed a complaint the next day.
A maximum sentence of between three and seven years in prison
What is the risk for this teacher? As indicated in Article 222-13 of the Penal Code, the procedure may change depending on the medical examinations to be carried out on the little girl. The question of total incapacity for work (ITT) will, in fact, be central.
If there is no ITT, the courts can only consider an aggravating circumstance. This means that the teacher could be prosecuted for “violence against a minor”. In which case, the maximum penalty would be three years in prison and a fine of 45,000 euros.
But if a doctor or child psychiatrist indicates that the girl has an ITT (even if it is only for one day), then the courts can consider several aggravating circumstances. The teacher could then be prosecuted for “violence against a minor by a person charged with a public service mission and within the premises of a school establishment”. In this case, the maximum penalty would be seven years in prison and a fine of 100,000 euros.
“Disturbed” and “anxious”
It remains to be seen how a doctor or a child psychiatrist can determine the ITT of a three-year-old child. According to information from BFMTV, she was examined by a general practitioner this Friday. In writing, the latter indicates that the little girl “presents severe psychological trauma”: “She comes and goes, does not look people in the face”.
Her mother explains that she is “disturbed, anxious”. To this day, the little girl has still not returned to class. She must be re-examined by other health professionals.
A disciplinary procedure is underway
For her part, the school teacher, who admitted the facts and apologized to the family, was suspended and a replacement was appointed to the class. In addition to the criminal proceedings, disciplinary proceedings were opened.
This will normally lead to a disciplinary committee, where sanctions ranging from a simple reprimand to expulsion can be imposed, explains Guislaine David, co-general secretary of the SNUipp-FSU teaching union, on BFMTV.
The Minister of National Education Nicole Belloubet called these images “shameful”. “Our school must protect, it must not abuse children”, she said. Within the school, a psychological unit is open.
- BFMTV.com
