After having convicted the man who raped her, a woman obtained the opening of a second investigation targeting the Cochin hospital, in Paris, where the events took place at the end of 2022. From CNEWS, Me Alexandre Lobry , the victim's lawyer, points out shortcomings on the part of the care establishment.
It's now official. The Cochin hospital, in the 14th arrondissement of Paris, is the target of a complaint for “unintentional injuries, failure to assist a person in danger and endangering the lives of others” after the rape incidents which took place there on the night of October 27 to 28, 2022.
In this case, the main suspect under OQTF was sentenced on November 5, 2024 to eleven years of criminal imprisonment and permanent ban from French territory. For its part, the complaint against the AP-HP with the constitution of a civil party was filed in January 2024 by the victim's lawyers, indicated Me Alexandre Lobry, lawyer for the civil party.
Last Friday, November 15, an investigating judge opened a judicial investigation. The capital's public prosecutor's office, for its part, took non-information requisitions in July. Requisitions for non-information are, in fact, taken when “the acts committed do not allow for criminal sanctions”, as explained on the Service-Public.fr website.
As a result, and following the opening of the judicial investigation on Friday November 15, if any breaches or criminal responsibilities must be incurred, the hospital could be indicted and could be referred to a criminal court, as indicates Me Alexandre Lobry to CNEWS.
“It’s not a fight against the hospital, but for the hospital”
On the aspect linked to the lack of staff, the prosecution established “no breach (…) with regard to the interviews of the nurses and the video surveillance images”. However, for the civil parties, certain shortcomings were singled out, such as the fact that “the client was not taken care of regarding sexually transmitted diseases (STDs)”. Regarding this last point, it is useful to remember that the main suspect was found guilty of “digital rape”.
According to Me Alexandre Lobry, “a nursing staff had seen the accused enter the room, had called on him to put him back in his box, without this preventing him from returning”, denouncing an “insufficient obligation of supervision”
Returning to the opening of the investigation targeting the Cochin hospital, the victim's lawyer specifies that “this is not a fight against the hospital, but for the hospital”.
“There is a lack of nursing staff within the hospital, demands are not always followed by the public authorities. If there is a conviction or indictment of the hospital, this can only encourage the public authorities to provide the hospital with the means for an obligation of increased surveillance: by the fact that police officers are present, as in all judicial institutions, but also to provide more resources for hospitals,” also said Me Alexandre Lobry.
The lawyer believes that his client “is angry with the Cochin hospital because there was no reaction from the staff following the rape, nor any support. My client told me: “we enter a hospital like a mill, this is not normal: there should not have been this rape within the hospital””.
This legal battle initiated against the Cochin hospital aims to ensure that none of the responsibilities are evaded. “The accused was found guilty. If the hospital has admitted failings, it will be judged. It is also a case for public authorities to seize the opportunity to increase necessary expenditure for hospitals and staff. It is the lack of resources and personnel that sometimes leads to these tragedies,” concluded Me Alexandre Lobry.
