Olivier offers Nathalie to sodomize her. She doesn’t really like it, but she accepts. However, on April 21, 2020, during another sexual encounter, she seemed to demonstrate her refusal through gestures. His companion continues the act, but he feels uncomfortable afterwards.
Consent
Nathalie files a complaint for rape. The notion of consent is at the heart of the legal debate at first instance.
For the public prosecutor and the civil party’s lawyer, there is rape in the absence of consent. “The sexual relationship was consensual, but not the sodomy. She tried to talk him out of it, but he continued, grabbing her wrists. She tried to struggle, but he forced her“, pleaded the young woman’s lawyer.
The king’s prosecutor left no room for doubt in her indictment, because Nathalie tried to push Olivier away several times.
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-Mr. Dapsens, for the defense, had another point of view on the question. He pleaded for acquittal, believing that the young man had not understood the refusal, especially since they had already used this sexual practice. “In July, she told police: Olivier may not have heard my refusal“.
In a judgment handed down in February 2024, the court ruled that there was no rape or harassment, only beatings and in particular a slap because she had hurt his testicles.
The civil party and the public prosecutor appealed these acquittals. In its judgment, the court confirmed the judgment.
