The Court of Cassation asks for an "additional information"
Illustration of the municipal police. – G. Varela / 20 MInutes
Rape or violence? The Court of Cassation considers that it does not have enough evidence to determine whether the Drancy police officer in Seine-Saint-Denis who had
injured a man at the anus during his arrest in 2015, should have been tried for rape and not for violence.
The highest court had been seized by the defense after the Paris court ruled in May 2018 to the victim, who demanded a requalification of the facts in rape. The Court of Cassation decided to break the judgment and referred the case to the Paris Court of Appeal for an "additional information".
Like the Theo affair?
The 36-year-old policeman was initially on trial for "aggravated violence" for having, in October 2015, dug his baton into the anus of a man who was arrested while intoxicated to force him to climb into the police car and drive him to the police station. Facts reminiscent of Theo case, the young man seriously injured in the rectum during an arrest in Aulnay-sous-Bois in 2017 and is now worth a police officer indicted for rape.
At the first instance trial in January 2017, the public prosecutor's office had ordered six months suspended imprisonment and a one-year work ban against the official, recognizing the existence of violence but challenging any sexual offense.
"Likely to result in criminal requalification"
At the end of the proceedings, however, the Criminal Court refused to rule, finding that the facts were "likely to lead to a criminal requalification" and were subject to a new investigation by an investigating judge. The Bobigny public prosecutor's office and the defense appealed against this decision, which had however been upheld on appeal.
With the judgment of the court of cassation, "the case remains open," told AFP Me Marie-Cecile Nathan, the lawyer of the victim. For Florent Hauchecorne, who defends the policeman, his client "does not have to be tried for rape, it is" the case Theo "which has overflowed," he says.
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