“The state of mental disability of the victim does not allow consent to the sexual act”: 7 years of imprisonment for rape of a vulnerable person

4:01 p.m. in the Olympe-de-Gouges courtroom of the Montauban courthouse. Bamba C., 30, tried for rape of a vulnerable person committed in Montbeton in 2023, will know in a few seconds the verdict reserved for him by the departmental criminal court of Tarn-et-Garonne. The man, Paris Saint-Germain tracksuit top on his shoulders, gets up from his tray in the accused box without betraying any emotion. In front of him, his lawyer, Me Rachel Lheureux, is ready to hear the judges’ decision.

The five professional magistrates, led by President Marie Leclair, take their seats. In the front row of an almost deserted courtroom, stand the complainant, Charlotte (first name has been changed), and her mother. Their voice was carried by Me Fanny Bénac during the two days of trial.

Victim status, “what we came to look for”

Charlotte’s father sat on the bench just behind his daughter. His interests are represented by Me Alexandra Tempels-Ruiz. On the right side of the courtroom, jaws are clenched. In a few seconds, the trio will know if the complainant is recognized as a victim. “This is what we came for,” confirms Me Bénac.

“To the question of whether you committed sexual penetration by surprise and on a person whose vulnerability is apparent, the answer is yes, announces the president. The court therefore finds you guilty and sentences you to 7 years of imprisonment, deprives you of your right of eligibility for 10 years and orders your registration in the File of perpetrators of sexual offenses (Fijais).”

“The victim was not able to consent” to the penetration

The president of the court explains the reasons for this collegial decision. “You are found guilty because the court considered that the act of penetration was sufficiently established and that the victim was not able to consent to it due to her state of mental disability, argued Marie Leclair. It also appears that you were aware of the victim’s vulnerability since you had been seeing her for 2 months. You yourself also recognized during your hearings her childish behavior.”

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That’s it for the evidence. But the president also noted, in justification of her verdict, that “the court took into account your life story which is not that of everyone. You have been affected by trauma and, despite limited education, you managed to integrate into France and you have, until then, had no problem respecting the laws of the Republic. Nevertheless, the act that you committed is rape”, concluded the president Marie Leclair.

Two days of closed-door debates

The culmination of two days of debates which were held behind closed doors, as requested by Me Bénac, to “preserve as much as possible” the complainant. If it found the accused guilty, the court notably reduced the requisitions of the attorney general, Lucile Moutier.

During the morning, she requested a 12-year prison sentence and a permanent ban from the national territory. Because the residence permit of Bamba C., a former unaccompanied minor, was no longer up to date since the end of 2023.

20,000 euros in damages

In addition to this prison sentence, Charlotte, her mother and her father saw their civil party status validated by the court. As compensation for moral damage, Charlotte is awarded 20,000 euros in damages. His mother 5,000 euros. His father will be entitled to 3,000 euros in damages. 2,500 euros in reimbursement of lawyer’s fees were finally granted by the magistrates.

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Leaving the courtroom, the civil parties were obviously satisfied with the decision. The defense, which had pleaded for acquittal, plans to appeal. She has ten days to do so.