Franck Lavier is under the threat of a new trial.
This 43-year-old man, acquitted in 2005 in the Outreau pedophile case, has been the subject since 2016 of a criminal procedure investigated in Boulogne-sur-Mer (Pas-de-Calais) in which he is put on trial. examination for rape and sexual assault on one of his daughters, Carla (the first name has been changed), then a minor.
This file, handled with the utmost discretion, has reached a crucial stage.
According to our information, the Boulogne-sur-Mer prosecutor's office requested the referral of Franck Lavier to the criminal court for facts of aggravated sexual assault. This decision of April 20, confirmed in Paris this Friday by the prosecutor of the Republic of Boulogne Pascal Marconville, means that the facts of which the father of the family is suspected are, according to the analysis of the public prosecutor, of a tort nature. In judicial jargon, the prosecution "corrected" this file.
“My client very clearly disputes the accusations against him. We are now awaiting the decision of the investigating judges but I will naturally take conclusions for the purposes of dismissal. If it was not called Franck Lavier, one can wonder if the file would not have already been classified, reacts Me Fabienne Roy-Nansion, joined this Friday.
This man called Franck Lavier, eldest of a family of seven children, who became the father of a large family, however seems never to have finished with justice. In May 2001, this son of a tiler and a stay-at-home mother was caught up in the Outreau affair, where he lived in the same stairwell as Myriam Badaoui, the chief whistleblower of the alleged pedophile network. Accused of aggravated rape of minors, including two of his children, including Carla, he is imprisoned despite his protests of innocence. Ditto for his wife Sandrine. In 2004 in Saint-Omer, and despite the spectacular retractions of Myriam Badaoui, Franck Lavier (acquitted for the facts on Carla) was sentenced to 6 years in prison. He appealed and was acquitted (like Sandrine) in 2005 in Paris. The day after the verdict,Carla spends her first evening with her parents for four long years ...
Six years later, this same child runs away from her parents' home with her little brother to escape their violence, and in particular punishments akin to torture. Aged 11 and 10, both walk 5 km and take refuge with the childminder where they were placed when their parents were detained (36 months) in the context of the Outreau case. Judged for this mistreatment, Franck and Sandrine Lavier were sentenced to ten and eight months in prison suspended in 2012.
Justice is again interested in Franck Lavier in June 2016 after confidences made by the same Carla to a school nurse, the teenager evoking facts that would have taken place over a long period. Three judges inherit this sensitive file. Carla's father is indicted for rape and sexual assault. The case will gradually fall into oblivion, the judges succeeding one another in a procedure which - without a prisoner - does not have priority. Since then, water has flowed under the bridges.
At 21, Carla is a mother of two.
But above all, she intends to turn the page.
“At the end of the investigation, she refused to participate in the confrontation, indicating that she no longer wanted to hear about this file,” says Fabienne Roy-Nansion.
The file is empty, there is no material element.
It is based only on Carla's initial statements which are no longer supported.
Franck Lavier, who divorced Sandrine, "today put his head out of the water," according to his lawyer.
“He has found a job and is not counting his hours.
He has accommodation and enjoys visiting and accommodation rights over his children.
Frank Lavier has regained some stability and would like all of this to be behind him, ”says Roy-Nansion.
For her part, Me Isabelle Steyer, adviser to the association "La Voix de l'Enfant", watches the judges' decision with unfeigned impatience. “I regret the length of this procedure. This child with an already complicated story was waiting for a strong response from justice. It dragged on, which inevitably leads to a desire to turn the page and a need to rebuild, ”reacts the lawyer who hopes to maintain the criminal qualification.