Court: “Accused of rape, he has not lived since 2020”

Court: “Accused of rape, he has not lived since 2020”
Pontoise Court: “Accused of rape, he has not lived since 2020”

A woman filed a rape complaint against her ex-partner. It was dismissed and the woman is being tried, today and in her absence, for slanderous denunciation.

Court of (Photo: ©J. Mucchielli)

Karim is a bus driver in Val-d’Oise, Algerian, thirty years old, married “in the country”. One day, in 2016, he sympathized with a 16-year-old girl, Aïcha, who got on his bus every morning. He talks to her about his administrative situation which he cannot resolve, she gives him advice. For her part, she tells him about her very pious family which suffocates her, and confides to him that her friends are prostitutes. Aïcha is happy to have found in this man who is twice her age someone to whom she can confide her worries.

At the beginning of 2020, a romantic relationship began between the two. “She sent me photos of herself on Snapchat in charming mode, and I fell under the spell,” admits Karim. The president of the Pontoise correctional training who summarizes the file does not give the start date, but mentions that of the breakup: September 20, 2020. On the initiative of Aïcha, but Karim “accepts” the separation (he is still married, editor’s note). Shortly after, she filed a complaint against him for rape and sexual assault. He is taken into custody and denies the facts. Then, he received threats on Snapchat from his ex-partner (not his wife, who remained in Algeria). This surprises him, because they remained on good terms. He contacts her by phone and she confirms that she was not the one who wrote these messages. She informs him that a young woman – Aïcha – came into contact with her to “manipulate” her: to testify to the police to say that Karim is a rapist. Karim informs the police. Shortly after, Aïcha’s complaint was dismissed, and Karim in turn filed a complaint for slanderous denunciation; This is the case that will be judged on September 24.

“I want to clear my honor”

Aïcha is absent, but represented. Karim, civil party, thanks the president: “You explained well. From the moment I had proof that they tried to manipulate my former partner, I filed a complaint. I want to clear my name, I’ve never had a case in my life, never been in police custody. »

The defendant’s lawyer asks her: “How did you feel about the dismissal?”

— It didn’t make me feel better, these lies break families apart.

— What is your intention with this procedure?

— Let justice be done, it turns out she lied.

— Isn’t this a desire to attack Madame?

“Not at all, I just want to clear my honor.”

It’s already time for pleadings.

Karim’s lawyer begins by taking precautions: “I am fully aware that taking your case to your jurisdiction puts you in a bad position. That it could discourage other women from filing complaints and denouncing sexual violence. But this file is quite the opposite. It’s a shameless juxtaposition of messages! It’s this type of statement that harms real victims of rape, that’s what harms the judicial authority,” he proclaims.

He returns to the elements of the file which would prove, according to him, that Aïcha lied, the “witness tampering” with Karim’s ex, which is the basis of his argument – since the ex-partner in question is clear: she has not suffered anything from Karim. He asserts: “Knowing that he was accused of rape, for that, he has not lived since 2020”.

“A procedure to silence her”

In defense of Aïcha, her lawyer starts strong: “It’s always a bit unusual to see that proceedings are initiated against people who denounce acts of rape. This is the illustration of a procedure to silence her, as we see with gag procedures, which aim to prevent the freedom of women to speak out against sexual violence. »

She explains to the court that a dismissal is not a decision of acquittal or acquittal, that it does not mean that she has slandered him. “The falsity of a denounced fact cannot be deduced from a classification without further action,” she pleads. “The absence of contestation of a classification without further action in no way means that it recognizes the falsity of the facts denounced. Then, she takes a step back: “How do you go about providing proof in a marital context that you were raped by your partner? A dismissal may very well occur due to lack of evidence, and this is precisely what was done. »

“To condemn Madame is to condemn women victims of sexual violence”

She returns to the context: the vulnerability of this young girl, Karim’s age which naturally gave him an influence. Her family context which made any denunciation of acts of sexual violence impossible: “Do you realize how difficult it is to denounce rape when she cannot even say that she has had sexual relations? » The lawyer says that her client is absent because she is afraid of being confronted by Karim. As for the ex-partner, she asserts that her testimony is unreliable, to the extent that she and Karim were trying to get back together at the same time – she could very well have provided him with testimony of convenience.

She concludes: “Madame has moved on, unlike Monsieur. » To “clear one’s honour”, she said, a dismissal is sufficient. “We do not provide proof of the slightest damage! If your court condemns Madam, it is condemning women victims of sexual violence who are unable to provide proof of what happens to them in their private lives. »

The court decides to release Aïcha.

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