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Lesbophobia recognized as an aggravating circumstance of rape, a first

2021-05-31T00:02:45.554Z


Nidhal T, 25, was sentenced this Friday on appeal by the Paris Assize Court to 14 years imprisonment for rape. The remarks made by


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This Friday, the Paris Assize Court, in a rape case, retained in its judgment as an aggravating circumstance comments made by the accused on the sexual orientation of his victim.

"Do you like girls?"

Well, I'm going to make you love it ”.

This is the sentence which preceded the rape of Jeanne (the first name has been changed), pronounced by her attacker, Nidhal T, in October 2017. These words, the 34-year-old victim will not cease to remind the police officers who took her. complaint, to the examining magistrate, to the psychiatrist expert and several times to the bar.

Jeanne loves women. When she met this man, Place de la République in Paris, she had mentioned it in the course of a conversation. "He did not like that I brought him home (

in Saint-Ouen, editor's note

), that I told him no, that I was a lesbian", she testified, Thursday, May 27, during the trial of his rapist.

If the accused had been sentenced to 15 years of criminal imprisonment by the Assize Court of Seine-Saint-Denis in March 2020, the maximum penalty provided for in the event of rape, the aggravating circumstance of the lesbophobic nature of this crime does not had not been selected at the time. The verdict rendered this Friday by the Assize Court of Paris, on the other hand, clearly signified. And this, in accordance with the requisitions of the Advocate General. The 25-year-old man, who had appealed against his first judgment, was therefore sentenced to 14 years in prison and three years of obligation of socio-judicial monitoring (in the event of non-compliance, two years will be added. struggle). Why a less severe sentence than at first instance, when an aggravating circumstance is added to it? Because between his two trials, the accused admitted the facts of rape,although he denied any "problem" with the sexual orientation of his victim.

“12 times, he mentioned the homosexuality of his victim.

It's not nothing, it's even an obsession ”

"So I practically pleaded only on the lesbophobic question since he now recognized the facts of rape," explains Jeanne's lawyer, Me Stéphane Maugendre.

For me, she had no doubts.

The accused was heard 4 times, for a total of five hours.

12 times, he mentioned the homosexuality of his victim.

It's not nothing, it's even an obsession.

The lawyer tells us that he was "very moved at the time of the deliberation".

"Today I am proud and happy to have led this fight with Jeanne during these three years", he declares.

In this "fight", the lawyer took out the card of article 132-77 of the penal code which explains that "when a crime or an offense is preceded, accompanied or followed by words, writings, images, objects or acts of any kind which is prejudicial to the honor or to the consideration of the victim or of a group of persons to which the victim belongs because of his or her sex, sexual orientation or true or supposed gender identity ”, the circumstance aggravating is incorporated.

Referring to a rape of "unprecedented violence", the Advocate General had required 13 years of imprisonment (the sentence required on appeal is lower because of the confession of the accused), as well as five years of obligation to follow up socio-judicial and five years of ban from French territory.

An upsurge in violence against lesbians

The medical expertise had indeed noted on the victim of "very many wounds on the whole body", "a perforation of the eardrum" and bruises on the neck and thorax, and twenty days of total incapacity for work. (ITT) had been prescribed to him. In its 2020 report on violence committed against LGBT + people, the SOS homophobie association denounces an increase in violence against lesbians. “The analysis of specific cases shows the increased weight of violence within the family (16%), but especially in the public space (19%), a much greater proportion than for other categories of LGBTI people. Rejection (75%), insults (43%), discrimination (24%) or harassment (21%) and threats (19%),are the demonstrations which return the most to denounce this latent lesbophobia. "

For what reasons ? "As women and homosexuals, they doubly transgress the social norm of heterosexism, a system in which the norm is heterosexuality and the dominant man", explains the association. She adds: "By freeing themselves from male domination, lesbians are victims of insults and attacks highlighting the denial of their sexuality." This sentence, "Do you like girls?" Well, I'm going to make you enjoy it ”is nothing else.

Source: leparis

All news articles on 2021-05-31

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