The parents of a 17-year-old girl, raped on October 24, 2020, will attack the state for "gross negligence".
According to the parents' lawyer, Me Fabien Rajon, the assailant of this young girl would indeed have been released prematurely from prison on May 5, 2020, for a reason related to the health crisis.
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“The responsibility of the judicial institution deserves in our opinion to be debated. This is the reason why we are seizing the judicial tribunal of Paris with a liability dispute against the judicial institution, precisely against the State, on the grounds of gross negligence ”
, he detailed during a press conference, Tuesday April 13.
In a statement released after the press conference, the Lyon prosecutor denies this version.
"
The decision of the JAP
(judge of the application of sentences, Editor's note)
is in no way a judgment of automatic release resulting from the health crisis situation but a decision of placement on conditional release taken at the request of the condemned and after favorable opinion of the SPIP
(penitentiary service of integration and probation, NDLR)
of Lyon, of the penitentiary administration and the public prosecutor's office of Lyon
”, writes the parquet floor.
"The person, released on November 20, 2021, was in the legal conditions for granting parole since January 6, 2020,"
he said.
A previous ultra-violent assault
The assault on the young girl took place on October 24, 2020, in Isère.
That day, Anne-Lise * is invited by a friend: she finds herself in an apartment with several people, including her future attacker, whom she does not know.
The man, of African origin, is quickly threatening.
“
This individual, particularly impressive by his physique, will force her to stay in an apartment, will put her under control.
He will also drug her, encourage her to drink and then he will rape her,
”detailed Me Fabien Rajon.
In the process, the young girl complains to the gendarmerie in the company of her parents.
According to them, a gendarme tells them that the individual in question has benefited from an
"early release Covid-19".
The criminal record of the aggressor shows six other convictions (three for lack of insurance, one for driving despite suspension of his license, one for offenses against the legislation on narcotics and one for contempt).
And he was executing a five-year prison sentence, including one year suspended sentence, for acts of violence, sexual assault as well as arrest, kidnapping, forcible confinement or arbitrary detention with release before the 7th day committed in a marital context.
This sentence was pronounced by the Bourgoin-Jallieu criminal court on December 18, 2018, specifies the Lyon prosecutor's office.
A few moments before raping Anne-Lise, the individual also mentioned this previous aggression by telling him that he had "
already taken action
".
The parents of the young girl indignant
The early release of the individual scandalizes the parents of the victim.
"How can we release an individual with such a violent journey?
How many have committed similar acts in Covid-19 release? "
, indignant the father of the young girl during the press conference.
“
We are bruised, deeply scarred, tired and angry.
We cannot ignore this crime,
”he continued.
“
Justice released a dangerous individual and our daughter suffered the consequences.
Justice has not done its duty.
This case is a real scandal,
”declared the mother of the victim.
Was the individual's recidivism foreseeable after his first sexual assault?
The decision rendered by the judge responsible for the application of sentences, which allowed the conditional release of the individual on May 5, 2020, is debated.
The psychiatrist expert evoked "
a risk of recidivism qualified as means, which cannot be eliminated and a tendency of the prisoner to pass to the hetero-aggressive act
", recalls Me Fabien Rajon.
For its part, the Lyon public prosecutor's office highlights several elements noted by the sentence enforcement judge in the context of his decision.
According to the latter, "
the person seems to be aware of the gravity of the facts and of the damage caused to the victim
" and "
the psychological follow-up initiated in detention seems to bear fruit
".
"
A promise of employment was sent to the inmate following a meeting with an employer during a temporary leave which went well
," he also notes.
Indicted for rape of a minor and death threats against the victim, targeted by threats of reprisals, the assailant Anne-Lise was imprisoned and remanded in custody on November 5 by the Grenoble judicial court.
* The first name has been changed.
