A former magistrate of Dijon who had proposed to Internet users to rape his 13-year-old daughter saw in his sentence lightened by the Court of Appeal of Besançon, reduced to two years in prison suspended, announced the registry to the AFP.
Vice-president of the Dijon judicial court at the time of the facts, since struck off the bench, this father of three children had offered sexual relations with his 13-year-old daughter on libertine sites between October 2019 and June 2020, without however going to the act.
"
Fantasms (...) never materialized
"
At first instance, the Besançon criminal court had sentenced the 57-year-old man to two years in prison, one of which was firm, for "
instigation to the corruption of a minor not followed through
" and for "
instigation to commit rape and sexual assault on a minor without any follow-up
”.
He had appealed.
In its judgment delivered on Thursday, the Court of Appeal found him guilty on this first count, but acquitted him for the facts of "
instigation to commit rape and sexual assault on a minor not followed by effect
" in due to a problem of criminal qualification.
She reduced her sentence to two years in prison, fully matched with probationary suspension with the obligation of care.
The case started in October 2019 when the user of a libertine site reported that a man was offering to associate his daughter, then 12 years old, with sexual intercourse with his wife.
Without a criminal record or addiction problem, the magistrate admitted to having written these messages but evoked "
fantasies (...) never materialized
".
His proposal had not been followed by action and his wife, also a magistrate, had been exonerated at the end of his police custody.
He had also sent photos of his daughter in a swimsuit to a libertine site.
A “
trauma
” linked to Pierrot le fou
According to the defense, he had been general counsel during the assize trial of Pierre Bodein in 2007, shortly after the birth of his daughter, and had suffered "
trauma
" linked to this case.
Bodein, a repeat offender nicknamed "
Pierrot le fou
", was sentenced to life imprisonment for three savage murders and two rapes committed in 2004.
He was revoked by the disciplinary council of the Superior Council of the Judiciary (CSM) in July 2021, the heaviest disciplinary sanction that can be pronounced against a magistrate.
His appeal was rejected by the Council of State in April.