A Teenager Denounces a Rape and Receives a Reminder to the Law: France Condemned for Its Lack of "Consideration"
12 Articles
12 Articles
Considering that the right to a fair trial was not respected for the minor who had denounced a rape, the ECHR condemned France to pay 7,500 euros in damages to that woman.
Living in Nieul, on the outskirts of Limoges, the teenager claimed in June 2016 that she had been forced to perform fellatio on a 17-year-old boy in the toilets of their high school, after he threatened to reveal their relationship to a mutual friend.
A teenage girl who accused a comrade of having raped her had been sentenced in 2016 to a reminder of the law. The ECHR considered that her speech had not been taken into account enough.
"The Public Prosecutor's Office considered without reasons, and on the basis of the two versions of the irreconcilable facts (...), that the complainant, who did not recognise the offence alleged, had lied on this subject, even though she had always claimed the opposite", the ECHR considers.
His complaint of rape was dismissed in October by the Public Prosecutor's Office for an insufficiently characterized offence, and the respondent's mother also filed a complaint.
The European Court of Human Rights considers that the right to a fair trial of a minor, sanctioned for slanderous denunciation, has not been respected.
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