“I recall that rape is defined as any act of sexual penetration of any nature whatsoever, committed against the person of another or on the person of the perpetrator, by violence, coercion, threat or surprise. I would like to remind you that this same article provides that rape is punishable by up to fifteen years of criminal imprisonment
,” stated the judge at the opening of this trial filmed with the exceptional authorization of the Ministry of Justice.
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TV program this evening: our selection of the day
At the origin of this initiative, Marie Bonhommet, specialist in social issues, to whom we already owe “Hear the unspeakable”, on child abuse, in particular.
The journalist was looking for the simplest, most obvious way to address the question of the evolution of justice on the issue of rape since the #MeToo revolution.
Before 2017, nearly 80% of victims did not report the facts to law enforcement.
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Since then, they feel justified in filing complaints and the number of investigations opened has doubled.
However, only 10% of them result in a conviction.
But that is not the point of the documentary.
Over the course of the sessions of the trial which was held for two days in Nantes after four years of proceedings, “Rape, challenge of justice” endeavors to show the difficulty of magistrates in rendering justice in this context.
A framework which, very often, is limited to the version of a woman against that of a man, forcing judges and lawyers to go beyond “word against word”, sometimes without proof and without testimony.
The film also illustrates the adjustments implemented by the justice system to give sexual violence the responses that society expects even though the scourge finds its origins in its very structure.
The question of consent
New jurisdiction, shortened procedural deadlines, absence of jurors, five professional magistrates…
“Would Sarah’s case have been treated in the same way a few years ago?
I do not believe.
For me, what is happening at the moment is a revolution, in my professional practice and for the entire judicial institution
,” replies the plaintiff’s lawyer.
Throughout the minutes of this unique recording, all kinds of questions emerge.
What about the discernment of everyone under the influence of alcohol, cannabis, fatigue, cocaine?
Where are the limits in the age of #MeToo?
Was anyone able to call them back?
Could there have been a mistake?
What about consent?
Under what circumstances can we speak of rape when, for 1 in 2 French people, in 2023, the definition of the word is still restricted to an act committed by a “stranger”, in a “public space” and with “violence”?
Read also Criminal definition of rape: LFI will submit a bill to integrate the notion of consent
Archaic and very reductive when it is proven that, in nine cases out of ten, the victim knows their attacker... “Rape, challenge of justice” ends with the pronouncement of the sentence: five years of imprisonment, including two years assorted a probationary suspension for two years.
That's three years behind bars.
The young man leaves the room, handcuffed, in tears.
He will not appeal.
The victim, who has been struggling for four years to return to a normal life, also seems to understand the pain.
The evening continues with a debate moderated by Karim Rissouli.