French court rules that sex with 13-year-old girl can’t be tried as rape

[TheSnakeEatingMarkhur]

DON'T mistake a judge's decision with that being France's law.

I know nuances in either English language or western laws are still new for several people not accustomed to nuances. A judge making a decision on a single case is not France saying sex w/ a minor or rape of a 13 year is okay

French law ? You do know that they still are deciding what is legal age for consent? As they do not have any as of now..

 

[Amaa'n]

It's NOT about common law. It is about individual judges having the latitude to accept 'certain' charges (charging materials) or the latitude to lower them. This one judge decided, in this case, he would not accept the Rape charge, rather downgrade it to a sexual attack.

and that is what you call Civil Law or in this came Criminal Law where Judges interpret the written code while handing out the judgements. Although the judgement may be referred to for future cases but doesn't set a precedent (unless it is a higher judiciary passing on the verdict where it would become the precedent)

In this case Judge's verdict was given in accordance with the law

 

[rent4country]

and that is what you call Civil Law or in this came Criminal Law where Judges interpret the written code while handing out the judgements. Although the judgement may be referred to for future cases but doesn't set a precedent (unless it is a higher judiciary passing on the verdict where it would become the precedent)

In this case Judge's verdict was given in accordance with the law

No, honestly, that has nothing to do with Civil law.

In criminal law, judges in most western countries are allowed the latitude to accept, deny or lower the charging materials... AKA, they can decide if the charges are appropriate to the crime. This has led to bad decisions by judges many times. In the US, it goes a bit further because of our jury system. Judges here can even overturn a jury verdict.

In this case, there is NO FRENCH LAW that said there couldn't be a charge of rape against a minor. The Judge said the charge(s) was to be reduced according to his interpretation of the criminal act done and not because the law said he could not charge them w/ rape.

 

[Juggernaut_Flat_Plane_V8]

True they developing quicker if this was two 13 year olds it would not need charges. But any sexual contact between a thirteen-year-old girl and an adult is rape all day long. But what if it was a 13 year old boy having sex with a adult women is that rape what do people think here for me im not sure about that

It's rape and the woman should be tried as such...and they are tried as such in USA...where many female teachers sex underage boys

 

[yuba]

It's rape and the woman should be tried as such...and they are tried as such in USA...where many female teachers sex underage boys

I know I was watching I think bill Maher talk about it and he was saying it was different and it a subject that made me think. It a subject that was close to home for me I was not raped by a woman and I was 15 but not a position I was comfortable in and thought she could go to jail

 

[rent4country]

French law ? You do know that they still are deciding what is legal age for consent? As they do not have any as of now..

That has nothing to do with this matter. This is a specific case and we are talking settled law. what someone is discussing in France about the age of consent is not relevant to this case.

 

[Yankee-stani]

10% born in France are Muslims. Lot of their soldiers are Muslims including Police.

Yet they are massive underclass in France but its kinda like Latinos here in the States

 

[TNT]

Their Country, their Rules

That young girl should be glad she was born in a free society unlike millions of Muslim women who are shackled in hijabs.

Yeah so its ok to get raped in a "free" country but its cruelty to use hijab? Wow life must be easy for u lolz.
Had this happened in a muslim country, or girl of this age married, ud be shouting at the top of ur lungs.

 

[Jobless Jack]

What a bunch of Pedophiles.

 

[Indus Pakistan]

Yet they are massive underclass in France but its kinda like Latinos here in the States

Lot of this depends on the profile of the migrants. For instance more aspiring/educated Indians migrate abroad. On the other hand migration from Algeria is mostly their underclass. Now I don;t have exact facts to back up this claim but think about this.

Indians in USA are top earners and with educational achievement above the average American. Now if that was really endogenous to Indians as a whole their country India would be far ahead of USA never mind China. But we all know the truth don't we?

Fact is Indians in USA are cherrypicked. Back in India for every cherry they have million dalits shitting in trhe streets. On the other hand Algerians are actually ahead of India. Algiers is a fantastic city and compared to Mumbai it is Europe.

 

[Yankee-stani]

Lot of this depends on the profile of the migrants. For instance more aspiring/educated Indians migrate abroad. On the other hand migration from Algeria is mostly their underclass. Now I don;t have exact facts to back up this claim but think about this.

Indians in USA are top earners and with educational achievement above the average American. Now if that was really endogenous to Indians as a whole their country India would be far ahead of USA never mind China. But we all know the truth don't we?

Fact is Indians in USA are cherrypicked. Back in India for every cherry they have million dalits shitting in trhe streets. On the other hand Algerians are actually ahead of India. Algiers is a fantastic city and compared to Mumbai it is Europe.

Yes this is true we all know this also applies to Pakistanis abroad you barley hear these days of Pakistani in the States getting into trouble with the Feds for blowing something up I mean we had Najibullah Zazi and others back in the late 2000s but after that a peep yeah a couple idiots do get caught well across the pond in the UK well whats with Pakistanis over there point is class, and educational attainment varies from region of a said country hence differences you find in various diaspora communities

 

[magra]

True they developing quicker if this was two 13 year olds it would not need charges. But any sexual contact between a thirteen-year-old girl and an adult is rape all day long. But what if it was a 13 year old boy having sex with a adult women is that rape what do people think here for me im not sure about that

I think sex between a minor and an adult (with significant age gap difference, lets say 5 years) should be considered rape irrespective of the genders of the minor and the adult.

 

[Indus Pakistan]

Even kids of family visa are doing great .Kid in UK from immigrants have acheived in education same with Pakistanis there . Fact is parents worked hard but pushed kids into a education and the fact theses countries first world their hard work paid off . India is a third world country it getting better but still far behind so cant reward like the west. Nigerians push their kids same with china couple of decades ago an educated kid in the west has many more opportunities and if a kid given the support in the west and are pushed hard they will come good . Working-class immigrants know the quickest way to climb the ladder is to educate their kids and the educated parents will do the same

What are you trying to say?

 

[yuba]

Lot of this depends on the profile of the migrants. For instance more aspiring/educated Indians migrate abroad. On the other hand migration from Algeria is mostly their underclass. Now I don;t have exact facts to back up this claim but think about this.

Indians in USA are top earners and with educational achievement above the average American. Now if that was really endogenous to Indians as a whole their country India would be far ahead of USA never mind China. But we all know the truth don't we?

Fact is Indians in USA are cherrypicked. Back in India for every cherry they have million dalits shitting in trhe streets. On the other hand Algerians are actually ahead of India. Algiers is a fantastic city and compared to Mumbai it is Europe.

Sorry bruv i forgot what i was writing. When you say cherry picked you say the top Indians cream of the crop . What i was saying like me a lot of Indian immigrants went to the states with family visas my puwa got us over the kids of them also got a good education and good jobs and their parents where truck drivers gas station owners I'm talking of the Punjabi immigrant in California. My point was its not just the cherry-picked Indian kids who got a good education in ivy league colleges the normal Indian kids did because they were pushed into it. It is the opportunity that a first-world country offers. West Africans in the uk are doing the same. India is a poor country. Even the Indian underclass in England and the US do good because in these countries hard work and saving money educating their kids did pay of they got a chance and grabbed it with both hands . Algiers maybe great and algerians to you are better than Indians but I also know that Indians do well outside of India we work hard and educate our kids because that is how best to climb the social ladder. I seen dalit punjabis in this country being doctors and construction firm owners Indian are not what you think every race of any class can be educated top earners given half a chance .If im still talking shit im sorry my mate but lack of sleep and half a blue vali and two big shots of jamesons got me in a muddle and ill regret writing this hope this makes sence

 

[fitpOsitive]

By
Antonia Noori Farzan
March 19, 2021 at 8:15 p.m. GMT+5
France’s top court has rejected a bid to pursue rape charges against a group of firefighters accused of repeatedly raping a girl known as “Julie” during a period between her 13th and 15th birthdays.
The men will instead be charged with sexual assault, which carries a lighter sentence than rape. Attorneys for Julie’s family plan to contest that decision and bring the case to Europe’s Court of Human Rights.

The horrific allegations in Julie’s case have galvanized protesters who want to see France institute stricter age-of-consent laws. Julie was 13 when she suffered a seizure in school and was rescued by firefighters. After the incident, she began to have severe anxiety attacks that repeatedly required firefighters to intervene, and developed a trusting relationship with the men, which they allegedly later exploited.




According to Julie’s family and lawyers, the firefighters got the teenager’s phone number and began sending her flirtatious messages. Over a two-year period, she was allegedly raped by 20 men. According to her mother, she made multiple suicide attempts and is now struggling with severe disability.
The Wednesday judgment from France’s high court backs a lower appeals court’s finding that Julie, now 25, “had the necessary discernment” to reject the men’s advances, and argues that investigators failed to establish that all of the men were aware that Julie was a minor.
Three of the firefighters admitted to having sex with Julie but said that they did so consensually. The other 17 men have not been charged.

Under French law, sex with a minor under the age of 15 is considered illegal only if it is not consensual. Given the difficulty of proving that a minor was forcibly or violently coerced, only about 1 percent of such cases result in convictions.



While rape charges would have carried a maximum sentence of 20 years in prison, the firefighters will face sentences of no more than seven years if they are convicted of sexual assault.
Protesters who have rallied around Julie’s case argue that it exposes flaws in France’s age of consent law, saying that a child under 15 is not capable of giving consent, if the perpetrator is at least five years older. This week, France’s National Assembly voted to amend the law so that all sexual acts involving people under the age of 15 would be considered rape. The legislation has yet to move through the country’s senate, but President Emmanuel Macron’s government has expressed support for the change.

In a statement Wednesday, Julie’s lawyers pointed out the irony of having the high court decree that a minor under the age of 15 was capable of consent just days after elected officials decided otherwise. They argued that the judges should have taken into account that Julie was especially fragile and in a state of “great psychological distress” and criticized the court for reinforcing an “archaic ideology.”



The recent push to change France’s consent laws came after a prominent political commentator was accused of incest, leading to a flood of women coming forward with their own stories of sexual abuse. The outpouring has been described as a “second #MeToo movement” in France, one primarily focused on child sex abuse and incest rather than workplace harassment.
Julie’s story, which inspired the hashtag #JusticePourJulie, has added to the furor and sparked protests from feminists who see it as indicative of a larger societal failure to hold rapists and abusers accountable. Many had hoped that the case could set a legal precedent, opening the door for more victims to bring forward charges of child rape.
This report has been updated.

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