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CRIME

France reconsiders sex crime reporting limits

The case of a French woman who reported being raped as a child 32 years later has triggered a national debate on the time limit for reporting sex crimes. France’s highest appeals court is set to decide on Wednesday whether to lift the statute of limitations.

France reconsiders sex crime reporting limits
France’s highest appeals court is set to decide on Wednesday whether to lift the statute of limitations for sex crimes. Photo: Indi Samarajiva

France’s "cour de cassation", the country’s highest court of appeal, is set to decide on Wednesday whether to lift the statute of limitations on sex crimes, in a landmark case involving the alleged rape of a child 32 years ago.

The woman in question, identified as Cecile T. by the French press, claims she was raped by a cousin through marriage in July 1977 when she was just five years old.

As a result of the incident, Cecile T., claims she suffered “traumatic amnesia” which prevented her from reporting it until 32 years later, following extensive therapy.

However, by the time she reported the rape in September 2011, the case had expired, in accordance with the French statute of limitations, which, in this case was 20 years.

“These limitations must be revised when it concerns crimes or assaults on children, because the legislator does not take the psyche into consideration,” Cecile T., now a 41-year-old communications executive, told Le Parisien.

“The child represses the horrors they experienced in the unconscious, like I did. They develop phobias which are the result of post-traumatic [stress]. And when victims become aware of the horror, it’s often too late to report [it].”

“The devastation resulting from rape lasts a whole lifetime.”

The woman’s case, which is the first of its kind to be examined in France, has triggered a national debate over legal time limitations for sex crimes, particularly in cases of incest, with some campaigners calling for extensions and others even calling for the time limit to be abolished altogether.

Quoted in Le Parisien, Isabelle Aubry, President of the International Association of Incest Victims, said “by not reporting [crimes] because of [time] limitations, it's like giving predators a free pass."

Cecile T.’s lawyer Gilles-Jean Portejoie said: “The statue of limitation in the Penal Code is from another age and does not take into account the latest developments in psychiatry and science.”

Portejoie added that the statute of limitations should date from the “psychological revelation of the facts rather than [the date] when they occurred”.

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POLITICS

France to set up national prosecutor’s office for combatting organised crime

The French Minister of Justice wants to create a national prosecutor's office dedicated to fighting organised crime and plans to offer reduced sentences for "repentant" drug traffickers.

France to set up national prosecutor's office for combatting organised crime

Speaking to French Sunday newspaper Tribune Dimanche, Eric Dupond-Moretti said he also intends to offer “repentant” drug traffickers a change of identify.

This new public prosecutor’s office – PNACO – “will strengthen our judicial arsenal to better fight against crime at the high end of the spectrum,” Dupond-Moretti explained.

Former head of the national anti-terrorism prosecutor’s office Jean-François Ricard, appointed a few days ago as special advisor to the minister, will be responsible for consultations to shape the reform, the details of which will be presented in October, Dupond-Moretti said.

Inspired by the pentiti (repent) law in force in Italy, which is used to fight mafia crime, Dupond-Moretti also announced that he would create a “genuine statute” that rewards repentance.

“Legislation [in France] already exists in this area, but it is far too restrictive and therefore not very effective,” Dupond-Moretti explained.

In future, a judge will be able to grant special status to a repentant criminal who has “collaborated with justice” and “made sincere, complete and decisive statements to dismantle criminal networks”.

The sentence incurred by the person concerned would be reduced and, for their protection, they would be offered, “an official and definitive change of civil status”, a “totally new” measure, the minister said.

The Minister of Justice is also proposing that, in future, special assize courts, composed solely of professional magistrates, be entrusted not only with organised drug trafficking, as is already the case today, but also with settling scores between traffickers.

This will avoid pressure and threats on the citizen jurors who have to judge these killings, he said.

Finally, the minister plans to create a crime of “organised criminal association” in the French penal code. This will be punishable by 20 years of imprisonment.

Currently, those who import “cocaine from Colombia” risk half that sentence for “criminal association”, he said.

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