The criminal court of Val-d'Oise decided that it was indeed a rape.
The young Sarah * was not consenting and the sexual relationship had indeed been imposed on her "by constraint and by surprise" when she was only 11 years old, estimated Friday evening the five professional magistrates at the end three days of hearing behind closed doors in Pontoise.
For them, the accused could not ignore the age of his victim.
Antoine*, who was 28 years old and the father of a 9-year-old child at the material time, was sentenced to 8 years in prison.
He is also prohibited from engaging in any activity related to minors upon his release from prison for ten years.
The court issued a warrant of committal against him.
In her reasoning, she pointed out that Sarah was only 11 years old and “did not have sufficient maturity and discernment to perform a sexual act and to oppose it.
“Even if she was older than her age, “it was enough to speak with her to see her immaturity corresponding to her age” underlined the president who noted “a great asymmetry of situation, an ascendant”.
“The sexual acts constituted a major physical and psychological intrusion”
For the court, "the sexual acts constituted a major physical and psychological break-in" for the young girl whose state of amazement after the facts was noted.
“You abused the vulnerability of the young girl to achieve the immediate satisfaction of your sexual desire,” he added to the address of the accused.
By pronouncing this Friday afternoon the guilt of the father of the family, the criminal court concluded a procedure whose progress had triggered the anger of associations for the defense of childhood and feminist movements.
After the complaint filed by the young girl and her family, following the facts, the Pontoise prosecution had decided that the rape was not characterized, that the young girl was consenting.
It was under the criminal qualification of sexual assault on a minor that Antoine had been sent back to the criminal court.
But he had declared himself incompetent and following a judicial investigation, Antoine was sent back to the criminal court.
Since the law of April 21, 2021, the question of consent no longer arises for minors under the age of 15.
The facts occurred on April 24, 2017. The schoolgirl had been approached by the accused in a park near her home, in Montmagny.
He had already met her twice before and that day he had invited her to follow him to his apartment building.
At his request, she had performed oral sex on him in the stairwell of the building.
They will then have sex in the apartment where he lives, without violence.
At the material time, the accused assured that the schoolgirl was consenting, claiming to ignore her age, thinking that she was between 16 and 18 years old.
The girl assured that she told him she was 11 years old.
She indicated that she did not express her refusal, nor did she run away, out of fear.
The mobilization to the top of the state had resulted in the vote of the law of April 21, 2021 aimed at protecting minors from sexual crimes and offenses and incest at the end of which no adult can claim the sexual consent of a child if he is under 15, or under 18 in the case of incest.
Judges no longer have to establish violence, coercion, threat or surprise to find and punish rape or sexual assault.
From now on, the question of the child's consent no longer arises below this threshold of 15 years, and 18 years in cases of incest.
*Names have been changed.