It is a terrible case of domestic violence, unfortunately with a dramatic outcome, which was discussed for a good two hours this Tuesday during the day before the 10th chamber of the Charleroi criminal court.
On September 4, 2018, in the emergency room, Tiffanie found herself on the operating table to undergo a splenectomy (surgical removal of the spleen). She loses her child, who was growing in her womb. A month before, the latter claims to have received blows in the stomach from Hamid, her companion at the time.
The beatings might be the cause of death
The drama experienced by Tiffanie took place as she entered her 33rd week of pregnancy. The fetus was named Lounes. After almost four and a half years of fighting and legal proceedings, the latter finally faces her ex-companion, prosecuted for a multitude of scenes of assault and battery, at various periods of the sentimental relationship that lasted 2 years.
Tiffanie was a victim of incest and dares to testify: “I was beaten, Lounes died in my womb. It’s infanticide!”
In her arms, Tiffanie carries a mini-coffin with the photo of Lounes stuck on it. The mother also shows off a jacket with meaningful messages on the back: “When domestic violence kills and justice ignores” or “No penal value = no value”. For the mother of twins from her union with Hamid, her ex is indeed the cause of the loss of her fetus.
But in the face of justice, there is no question of talking regarding murder or recognizing the fetus as a person. The Criminal Law is clear: the fetus has no legal personality. “This is a point that was quite difficult for my client to hear”, adds Me Sonia Martines, civil party. Since then, Tiffanie has fought tirelessly to change things.
A bill, led by MP Vanessa Matz (Les Engagés), member of the Justice Commission, aims to introduce the death of the fetus into the Penal Code when it has been caused by an act of violence once morest the mother.
A Vanessa Matz bill for dead fetuses following domestic violence: “Extending the notion of legal personality to the fetus will be very complex”
Not enough evidence
In the case of Tiffanie, an expert report was carried out. The rupture of the spleen caused the death of the child. And the blows that occurred a month before might be the cause. It is possible, but it is not however confirmed by the experts. As it is not sufficiently proven in the file that Hamid indeed struck Tiffanie on August 3, 2018. The public prosecutor therefore requests the acquittal for the benefit of the doubt of the defendant for this prevention.
The other scenes of beatings and injuries are not disputed by Hamid who claims to have “repelled his ex-companion, never having struck the slightest blow.” The 50-year-old is portrayed in an inglorious way by Tiffanie and her lawyer. “He regularly pushed my client around. She says he forbade her to wear women’s underwear except in his presence, and she had to wear boxers instead. There was verbal abuse, blackmail, death threats. All this, sometimes in the presence of children. She might not go out and did not have access to the household bank account”lists the Carolo lawyer.
A shared responsibility
For substitute Bouilliez, given the age of the facts (2018) and the absence of a criminal record for Hamid, a 10-month prison sentence with a suspended sentence is required.
After the unflattering portrait drawn up by the civil party, Me Frédéric Laurent for the defense returned the church to the middle of the village. According to him, the responsibilities in this case are “shared”. Tiffanie might also have ended up on the dock, because she also kicked and was virulent, insulting or threatening. For his part, Hamid is far from corresponding to the cliché of the violent man who hits his companions. “Two ex-companions were heard. They lived 8 and 16 years of relationship with my client. We speak of a strong and stubborn character, but never of violence and he is a man who flees conflict.”
An acquittal is pleaded for the scene of August 3, 2018 by the defense. For the other scenes of violence, including the episode of the rear-view mirror that catches Tiffanie, it is a simple suspension of the utterance that is requested.
Judgment at the end of March.
