2023-07-20 05:17:00
The actor, who was indicted in November 2021 for rape, was placed on Wednesday under the more favorable status of assisted witness, which suggests that the charges will be dropped.
Actor Ary Abittan, indicted in November 2021 for raping a young woman then aged 23, was placed on Wednesday under the more favorable status of assisted witness, which suggests that the charges will be dropped.
Two investigating judges responded favorably to his request for granting this status, in accordance with the requisitions of the Paris prosecutor’s office, said a judicial source.
If these magistrates recognized the “indisputable” post-traumatic stress of the complainant following the facts, they also considered that it “did not emerge from the judicial information of serious or concordant indications in favor of an act of sexual penetration imposed by violence, coercion, threat or surprise”, according to elements of the order of which AFP has knowledge.
“I am delighted with this decision calling into question the media court which sometimes judges and condemns too quickly”, declared to AFP Me Caroline Toby, lawyer of the actor and comedian now aged 49, known for having played in the comedy What have we done to the good god?
“Soft and languorous”
Me Arash Derambarsh, counsel for the complainant, did not wish to speak “to preserve the secrecy of the investigation”. The young woman, who had been dating the actor for two months at the time of the alleged events, accuses him of having imposed sodomy on her while they were spending the evening at his house on October 30, 2021.
During the investigation, she described the actor as “obsessed” with this sexual practice, but clarified that he had, until then, always accepted her refusal. That evening, she claims to have first said “no not this evening”, then “screamed in pain” during the act. Lui described the report as “sweet and languorous”. She had filed a complaint the same night.
New Items
This “precise and detailed” complaint, filed “in the hours that followed”, helped to make it “likely” that Ary Abittan might “commit the acts of rape”, observe the judges.
Other clues weighed in on her indictment: the presence of blood on the bath towel seized at her home or even messages sent to girlfriends of the complainant, to whom she said she “needed to talk” regarding a “really uncool thing that had just happened with Ary”.
But other elements, collected following the indictment, were “likely to weaken the probative value of the indices initially retained”, say the judges.
In addition to the testimonies of former girlfriends of Ary Abittan who described “a respectful sexual partner”, the magistrates cite psychiatric and psychological expertise which did not “reveal personality elements in favor of deviant sexuality or aggressive sexual urges”.
“An involuntary action”
Above all, they do not consider it “possible to conclude that the traumatic lesions and bleeding” of the complainant “result from an act of non-consensual sexual penetration” because the two recounted having had a first consented intercourse, and that the bleeding ” existed, at least in part, before the second disputed report”.
The complainant’s refusal to give the contact details of the “only partner with whom she had practiced sodomy according to her statements” is also mentioned by the judges. The magistrates also explained “questioning the credit that can be given” to the complainant’s statements, which “evolved” during the investigations.
In addition, they noted that the young woman did not seem to exclude “an involuntary action” on the part of Ary Abittan, relying on her correspondence with her friends.
Top Articles
1689834965
#drop #charges #actor #Ary #Abittan
