Their first love story ended in court for rape

In the Jura, a young twenty -year -old (born in 2001) has just been acquitted of rape and sexual constraint. He was accused by three ex-grooves, met in turn from 2018 to 2021. The young women, of the same age, met shortly after the last break. They had shared their experience and became aware of having a similar experience.

They spoke to him of love; He was obsessed with sex. Supposedly insatiable, their companion would have insisted to achieve his ends, not heard the signs of rejection. Two of them, Rose* and Jade*, filed a criminal complaint in 2022.

The trial took place on Wednesday at Portruy Criminal Court. The postadolescents told an identical story. Each relationship, more or less long, was granted. And there was no physical violence: only psychological pressure is in question in this case of touching and sexual intercourse so not granted. The accused – a boy without history of the region – would have even been charming first, before revealing an oppressive, disrespectful and impassive hypersexuality.

Trial in Porrentruy

The amazement state is at the heart of these testimonies. “It started when we got together officially. There were no more small kisses. He was immediately very enterprising. He said he needed sex. After I said no, he was waiting for five minutes and returned to the charge, ”explains Rose, who, petrified, ended up giving in. “It was as if I were his thing, as if I didn’t exist.”

According to Jade, this approach was manifested day and night. When the couple shared the same bed, he woke her up, sticking to her, the fidgety. “I said no, but he insisted. I felt forced, with the feeling that my opinion did not count. I felt like I was not having a choice, ”she testified. Adding that she had gotten into the habit of pretending to sleep to protect herself.

“I was looking at porn”

Each young woman claims to have sometimes verbalized this discomfort after the fact, to try to understand. The author did not dispute. He positioned himself as a victim, wanted to and regret, explaining that he could not control himself. At the time, “I had a lot of libido, I was looking at porn. I wanted to discover my sexuality, ”he recalled during the hearing. But he never intended to force. He thought his desires were shared. According to him, there was a lack of communication. The procedure made him understand that he was not enough to listen. “I’m sorry,” he concluded.

The president of the court, Marjorie Noirat, wanted to understand Why did the two victims not broken right away. “Because I was in love,” replied Rose, crying. ” I didn’t realize, I was in denial. ” She says she was afraid of losing him.

Jade, for his part, said it was his first romantic relationship. She first thought that this eagerness was normal. Then she understood “that something was wrong, but I didn’t know what. He played on my guilt, made me believe that I owed him that. ”

Total acquittal

The court did not follow the public prosecutor’s indictment. The prosecutor, Charlotte Juillerat, had asked for 30 months in prison – 20 for rape and 10 for constraint – partial suspended and two -year test time. According to the magistrate, the author’s guilt is “heavy”. By pure selfishness, he reduced these young women to an object. In their pleadings, the lawyers of the complainants, M^es Clara Milani et Marie Duplainmentioned the fact that their customers had been betrayed by a “forcer” who had gone from a “respectful guy to a guy macho”.

M^e Baptiste allmannn pleaded the acquittal of his client. The fact, within a consenting couple, “to accept a sexual act for fear of frustrating, of seeing him leave or annoying him” is not criminal, he proclaimed. The court followed him. According to the Court, the facts are established. But there was no intention to harm. In addition, for some cases, doubt persists. For others, there was no physical violence or threat. And the young man’s repeated insistence was not supported long enough to be considered reprehensible psychological pressure. A call is still possible.

“No, it’s no”

Would the facts date from before 2024. Would this affair have known another outcome with the new law entered into force last summer? It is the famous revolution of “no, it’s no”. Before that, an offense is only noted if the author forces the victim, by threat or by violence. This condition is no longer necessary. Now there is rape or constraint when the attacker has overlooked the victim’s refusal, through words or gestures. The amazement is considered one of the expressions of refusal.

Psychologist Marco Tuberoso is clinical and prevention manager at the association Spacesthe French prevention and support space in the event of sexual abuse. He was not in the courtroom in Porrentruy. And does not know the rose and jade files. Contacted, he replies that this affair generally reminds him of a reality. More and more young people, mostly girls, come to consult him after the end of a consented relationship. These people who awaken sexuality are asking questions about the normality of what they have experienced. They realize that they accepted certain situations because they were in a relationship. And no longer want to relive them.

First the therapy

The release of speech, especially consecutive to Movement #MeToopartly explains this phenomenon. Each declared case is special and reflects the difficulty, between young partners, to discuss this sensitive subject. The management is complex. It is first of all, for justice, to sort through objective facts, the feeling of guilt, the will to revenge. The person can be considered as a victim without necessarily having to go through the filing of a criminal complaint. It is therapeutic work – the field of competence of Spas – which prevails. The use of the courts added to it is not compulsory. Each, everyone, is free to call on it. The rape is prosecuted automatically.

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