Extract
[...] no 2013-711 of 5 August 2013, art. « to a person whose particular vulnerability is due to their age, illness, infirmity, physical or mental disability or state of pregnancy (L. no 2018-703 of 3 August 2018, art. "or resulting from the precariousness of their economic or social situation" is apparent or known to the perpetrator" In this case, in light of the aforementioned provisions, the victim was indeed sexually assaulted by the defendant. In fact, she did not give her consent in a free and informed manner and even stated a physical reluctance, despite being confronted with verbal threats and physical touching. [...]
[...] We thank you. [...]
[...] CRIMINAL LAW - ACCUSATION Perrine BANCHEREAU, Lukas BELLOIR, Louise BONNET, Louna GASPAROUX Juliette GELINEAU, Romane GROLLEAU, Maëwenn JEROSME-DECAP, Clémence PLARD Investigating Judge: Mr Ousman Tidjani Ibrahim Angers Correctional Tribunal Prosecutor's Office of the Republic Case No.: 2023/TD6 Case No.: 001 FINAL REQUISITORIAL Of indictment before the Angers Correctional Court The Public Prosecutor near the court the Angers Correctional Court, Considering the evidence in the case brought against: Mr. VERTO, Nationality: French Age at the time of the facts: 21 years Du chef of: Mr. VERTO: Sexual assault on a minor Mr. [...]
[...] In law, according to article 222-22 of the Penal Code:Constitutes a sexual assault any non-consensual sexual act committed on the person of another or on the person of the author or, in cases provided for by law, committed on a minor by a major ». In addition, an act committed with violence, constraint or threat, does not characterize a consensual action. Thus, such actions constitute a sexual assault with regard to the victim. However, it is necessary to differentiate this last action from rape, in fact, according to article 222-23 of the Penal Code:Any act of sexual penetration, of whatever nature, [ . ] is rape ». [...]
[...] In just a few hours, Mr. Verto sexually assaulted a minor, violently assaulted a man before robbing him, and then drove under the influence of alcohol. This accumulation is not insignificant: it shows a total inability to control himself and the ability to act as soon as the opportunity arises. The facts of sexual assault, first of all, are of particular gravity. A 17-year-old girl, then a minor, alone, returning home, finds herself followed, pushed, locked in a building hallway, and then forced to undergo sexual acts accompanied by explicit statements. [...]
