For the first time in history, a victim of sexual violence has obtained the conviction of her attacker, more than thirty years after the facts.
Jérémy Garamond, a father of two children, has been fighting for four years to have the justice system recognize the harm he suffered between the ages of 13 and 15.
And it was for "
sexual assault on a minor under the age of 15
" that José Bruneau de La Salle, a stable manager and friend of the family, was finally sentenced.
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The 46-year-old man invited to the set of "C à vous" the day after the decision expresses
"relief, pride, but also satisfaction"
This feeling is
"confirmed by hundreds of messages received since this morning from victims of sexual assault whose facts are prescribed and who see in this court decision a glimmer of hope of being able to obtain compensation"
, explains Jérémy Garamond.
Indeed, this judgment could change everything in terms of prescription.
"A stroke of genius"
"A stroke of genius"
, describes the victim, speaking of the idea of his lawyer.
The acts, perpetrated during car journeys or in the country house of his parents and the last of which date back to 1990, were criminally prescribed.
On the other hand, they could be heard before a civil court.
Master Olivier Pardo has circumvented the codes.
“In criminal matters, prescription begins with the facts.
In civil matters, it starts from what is called “consolidation of prejudice”»
This corresponds to when the damage is
and healing is achieved.
Psychiatrist expert determines it was only when victim successfully filed complaint in 2018 that she was
and it is therefore from this date, and not that of the facts, that the prescription began to run.
Fighting impunity for sex crimes
However, some did not give much of this maneuver.
"A lot of people said
'guys, if it had to be done it would have been done a long time ago.
In the end, we used the oldest legal instrument to respond to one of the most modern emergencies there is: impunity for sexual crimes”
, underlines the lawyer.
Jérémy Garamond lived for almost 30 years in silence.
“These are facts that we do not hide, we put them away in the back of our heads.
It's like a splinter that you can't get out of your foot
,” the victim says.
These acts consist of multiple attempts at sexual assault and an action - which is not however qualified as rape in the legal sense of the term - where the aggressor masturbates him without his knowledge.
It was not until 2018 that he finally decided to file a complaint.
So why so late?
His answer is simple.
“By becoming a dad, [I became] aware of a certain number of things.
I started to free my speech, to discuss it with [my] close entourage”
A few years later, he understands from a number of testimonies that his attacker has committed other acts.
The judicial machine is then launched.
Four years after the filing of the complaint, the accused incurs no prison sentence.
This court decision will not be entered in his criminal record.
José Bruneau de La Salle will probably have to pay a fine of €100,000.
On the other hand, the acknowledgment of responsibility exists and this constitutes a form of comfort for the victims.
For Hélène Devynck
"it's a hope"
The writer accuses, alongside 89 other women, Patrick Poivre d'Arvor of rape.
“It is about repairing and defining the harm we have suffered because of his actions”
So, will this judgment stand as case law?