“We can't let this go!
It would be betraying our daughter, our family.
»The anger of Delphine and Patrice is deaf and dignified.
This anger is that of parents who have suffered the "double penalty" for almost six months.
First, there is the immense sadness to know that Anne-Lise (
Editor's note: the first name has been changed
), their underage daughter was raped.
Then there is the unbearable frustration of understanding that his attacker, convicted of similar facts, was released from prison early in the spring of 2020 to prevent the spread of Covid-19 in his prison establishment.
With the support of their lawyer, Me Fabien Rajon, the family filed a complaint against the State for “gross negligence”.
In December 2018, Samuel (
Editor's note: loan name
) was sentenced for the eighth time.
This time, this man of about 35 years receives five years in prison, including a suspended sentence, for kidnapping, forcible confinement and sexual assault on his former partner, in Bourgoin-Jallieu (Isère).
The young woman, who tried to escape an attempted rape, fled through the window.
The violence costs the victim 120 days of ITT (total incapacity for work).
"She was massacred", portrays Me Fabien Rajon.
Samuel is imprisoned in Lyon-Corbas prison, a detention center with an occupancy rate of over 130%.
Released at half of his sentence
Winter 2020, Samuel has already served half of his sentence.
And France is sinking into the Covid-19 crisis.
To stop the spread of the epidemic in French prisons, thousands of inmates are released early.
Samuel, who was due out in November 2021, is one of them.
The inmate is granted parole, effective May 4, 2020.
Less than five months later, this man with the very imposing build crosses the path of Anne-Lise.
On October 24, this 17-year-old young woman, originally from the north of Isère, finds friends in an apartment.
"The atmosphere is not festive," notes Patrice, her father.
Anne-Lise does not know Samuel or “from afar”.
The man encourages him to drink, even drugs, insist his parents.
Then, warns her of the fate suffered by her ex-partner when she refused to him.
"He's going to tell her he's already done it."
She took the measure of all the power of this individual.
She was petrified, horrified, ”summarizes Delphine, her mother.
Samuel rapes Anne-Lise.
Quickly, the teenager files a complaint.
At the gendarmerie, Anne-Lise and her family learn that the attacker should have been in prison.
“It hit me!
remembers Patrice, how is that possible?
"Samuel is arrested, then indicted in Grenoble for" rape of a minor over 15 years ".
But that is not enough for Anne-Lise who, despite her trauma, is "very lucid" about the institutional dysfunction denounced.
"A serious fault"
"This dangerous individual presented a risk of recidivism", indignant the parents of Anne-Lise.
However, in his decision that we have consulted, the judge of application of sentences (JAP) of Lyon takes into account in April 2020 the psychiatric expertise of which Samuel was the subject: the man presents "tendencies to the passage to the hetero-aggressive act ”and the risk of recurrence is“ low even if it cannot be eliminated ”or even estimated from“ low to medium ”.
Clearly, the man can be dangerous for the other.
"We denounce a serious fault of the judicial institution", accuses Me Rajon who filed a complaint against the State with the judicial court of Paris.
“Justice has not accomplished its duty,” adds Anne-Lise's mother.
The Lyon public prosecutor's office recalls that Samuel "was in the legal conditions for granting parole since January 6, 2020".