Through Falaise editorial staff
Published on 1 Nov 20 at 18:46
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A man was retried to get degraded the front door of his ex-girlfriend’s home, at Cliff. The man had gone there to visit his children and discuss the filing of a complaint against him for sexual assault.
Wednesday October 28, 2020, the Caen Court of Appeal confirmed his sentence, pronounced in first instance, six months in prison with probationary suspension.
“I was a little upset, I just gave a shoulder to express my anger”, defends the defendant with reference to the facts of November 30, 2019. That day, the man went to the home of his ex-partner. The couple, who lived together for 14 years, separated the previous summer.
Their exchange takes place on the doorstep, to stay away from the two children (11 and 6 years old), inside the house.
It is particularly about the complaint for sexual assault that the woman filed in July 2019 against her former partner.
According to the woman’s version, he insisted that she withdraw her appeal, for fear that legal action would mar her professional retraining.
“Physically impossible”
Then, the respondent asks to see the children, which she refuses before closing the door in front of him. The man’s annoyance leads him to attack the door. Arriving on site, while the man fled, the Falaise gendarmes noted that the entrance had been damaged.
The three closing points were “completely torn off”, to use the words of the defense lawyer.
At the bar, the defendant denies having made this visit to put pressure on him to withdraw his complaint, which was subsequently closed.
“Basically, I wanted to see the children. I took the opportunity to show him the access document to my training because you need a blank record ”.
She had even invited him, prior to their interview, to show him the documents according to him. The man thus denies having dropped “Remove your complaint” on the spot.
As for the door, he does not hide his astonishment when the court shows him photos of the damage.
“It’s an armored door, it’s impossible … Physically impossible with a single blow”, adds his advice. “It would have taken an outburst of rage to degrade so much. However, he did not have any bruises or fractures in his hand ”.
Another man’s plot?
His client then points to the responsibility of another man, whose young girl was present at the time of the facts, with whom he was in conflict.
“He has all his tools at home, he has come to degrade even more (the door)”, accuses the defendant, supporting his thesis of the conspiracy mentioned during a previous hearing. “It’s curious that he came to help Mme with a screwdriver…”, remarks a judge.
“He was angry with me because I refused to let their children be taken care of,” the respondent continues. He wanted me to be in jail and make her his second wife. “
The 39-year-old man, originally from Tunisia and now established in Caen, assures that he has never been violent towards his ex-girlfriend, with whom he hopes to be reconciled, nor “to anyone”. The record of the defendant, who wishes to become a taxi driver, has a minimal conviction for deception.
After having insisted on the difficulties of his client to come into contact with his children, the defense lawyer considers “fanciful” the hearings of the other man and his daughter. She pleads for the release and, in the event of conviction, an exemption from registration in the criminal record B2, to which the judicial court of Caen had not granted.
“If I came to cry out my innocence, I would not start by indicating, twice, that another has degraded even more”, for his part formulates the Advocate General, according to whom the testimonies are “consistent and concordant” to condemn the man.
His appeal for confirmation of the sentence is followed by the court of appeal. During his 18-month probationary period, the man will have to justify his contribution to family charges, repair the damage caused by the offense and be prohibited from appearing at the victim’s home and entering into contact with her.
The second judges grant the request for exemption from registration in the B2 box.
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