2023-06-21 12:04:00
On July 2, 2021, during the night, Karim met Nathalie on the Place du Marché-aux-herbes in Mons. The two students smoke a cigarette together on a terrace and sympathize. A few hours later, they find themselves in Karim’s car, parked along the rue Grande in Maisières. They’ve both been drinking and Nathalie no longer has any panties, torn off by Karim.
It’s two o’clock in the morning. Nathalie gets out of the car. She passes neighbors and is in shock. She’s shaking. The defendant gets out of the car, he is completely naked. According to the neighbours, the young woman is crying, “I was raped”, she tells them, pointing to Karim, who is getting dressed a little further on. Tells her that she is his girlfriend and calmly asks her why she is acting like this.
On Wednesday, Karim appeared before the sixth correctional chamber of the Hainaut court, Mons division. The public prosecutor is prosecuting him for attempted rape and assault on the sexual integrity of others. He considers that the facts are established, for lack of consent. A two-year sentence, accompanied by a suspended probation, is demanded by the public prosecutor once morest Karim, unknown to justice but who will soon have to answer for blows to a former companion.
The victim was questioned by the police in the followingmath of the incident. She states that she had asked the defendant to bring her back to Mons, but he refused, being enterprising, tearing her panties.
The concept of consent
The defendant, who spent six months in preventive detention, was heard on several occasions. He states that she was consenting at first, before changing her mind. He clarifies that, if she was drunk, she was conscious. Before the examining magistrate, he confirms his denials. Same thing Wednesday. “She turned up when the neighbors arrived. We misunderstood under the influence of alcohol. She was drunk but consenting,” he said.
Mayence pleads his acquittal. It calls into question the notion of consent, at the heart of the new Sexual Penal Code, even if in this case, it is the old law that applies. “We have evidence that they both drank, in large quantities, that they will find themselves in the circumstances that we know. Tells her that she was supposed to spend the night in her guesthouse, but she preferred to go back to her guesthouse, quai du Marché-aux-Poissons. She was able to give her consent. When she said she didn’t want to go any further, he stopped. She was not forced in any way”, maintains the lawyer.
Judgment will be delivered on September 6.
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