By Jean-Claude Bonnemere
the stepfather was showing pornographic films to his three beautiful girls of 7-9 and 11 years old, when the mother was not there, and pretended to be a pedophile hunter when he connected to child pornography sites…
Thursday September 8, 2022, Yves (first name has been changed), 52, was prosecuted before the Cahors Criminal Court, for a series of offenses, committed in two localities of the Lot department:
– dissemination of a violent, pornographic or undignified message, accessible to a minor,
– usual consultation of an Internet service providing pornographic images or representations of minors,
– possession of an image of a minor presenting a pornographic character,
– capture of a pornographic image of a minor,
– distribution of an image of a minor presenting a pornographic character,
– incestuous sexual assault on a 15-year-old minor…
The mother does not greet her daughters…
The facts, partially acknowledged by the defendant, took place between January 1, 2016 and February 12, 2019. Yves is employed in a food distribution establishment. He is the stepfather of three teenage girls and lives with their mother. However, it is the father of the three girls who lodged a complaint. At the hearing, he is seated alongside his three daughters and he filed a civil action for the eldest, denouncing the sexual assault of which she was allegedly the victim by Yves. As for the mother, seated next to her companion, she did not greet her children…
President Philippe Clarissou specifies that the three girls were aged 7 to 11 at the time of the alleged facts. It was the father who discovered the pot of roses, by overhearing a conversation of his daughters during which they evoked “something their mother would have forbidden them to tell”. They end up revealing that their stepfather, whom they had previously described as a nice person, showed them images of “naked people”, when their mother was not there… And that he came regularly in their bedroom, caressing their arms, when they were in bed… The eldest claims that she was touched between the legs, the youngest makes the connection with the films “of naked people making love”… L eldest describes a scene during which her stepfather would have taken out her penis, then would have forced her to put her hand on it… Then, she would have felt something, without seeing what it was… Another time, the stepdad allegedly ran his hand through the teen’s pajamas, wanting to show her “how we did good to a girl…”
“I wanted to talk to our mother about it but she didn’t believe me! »
The eldest who tried to tell her mother about it was not believed. The mother even accused the father of the girls of having fomented all this… The youngest would have resisted the assaults of the stepfather, refusing to give her his hand when he came near her bed. Yves maintains that he came to lie down next to her… “It was because she was having nightmares orshe had pain in her knees due to problems growing too fast, so to relieve her I massaged her legs…” explains Yves. For the youngest, the scenario was limited to watching pornographic films.
At the end of the investigations, the family affairs judge fixed the residence of the girls with the father. As for the mother, she does not budge, it is not her companion who could perpetrate such acts! But who then ?
This file collides with another series of acts committed via the internet. It was an American organization that spotted in January 2019, two computer addresses in France, one in the Lot and the other in the north of France, from which images of minors emanated from a child pornography site. The investigators seized the computer and after several weeks of intervention managed to update several child pornography files…
He claimed to track pedophiles…
Placed in police custody, Yves, does not let himself be dismantled and puts forward an unstoppable defense! With regard to child pornography files, he states:“I tracked down pedophiles on the internet and that’s why I used photos to bait them, in order to denounce them ! »
As for the suspicions of sexual assault on his stepdaughters, he thinks that it could perhaps come from a neighbor, whom he knows was convicted of pedophilia, about twenty years ago…
President Clarissou seems dubious in front of these well-oiled explanations!
He notes that the girls have never implicated this neighbour.
– “We are going to take our time, so that you can express yourselves ! » specifies the magistrate, determined to shed light on the case.
– “Have you shown pornographic images to your daughters-in-law ? » asks M. Clarissou.
– “Deliberately, no ! But that they could have seen images, without my realizing it, perhaps! In times when I was doing research to trap pedophiles, for example…” he answers.
– “And these downloads of child pornography files ? » Mr. Clarissou continues.
– “It was for a good cause, I already explained it to you ! » assures Yves.
– “And these abuses on the little ones, when the mother was not there ? » adds the president.
– ” Fake ! Unless it’s the neighbor, which we’ve already talked about ! » yves retorts.
The president is intrigued and asks the question:
– “How you operated on the internet ? » he asks.
– “I pretended to be a minor child and qWhen I was asked for photos I sent them ! » indicates Yves.
Me Laurent Bélou, lawyer for the victims and their father, asks to speak. The lawyer exclaims: “You have been looking for pedophiles for 2 or 3 years and you have never denounced anyone? So that means you keep it all to yourself ! »
“That was my big mistake ! » says Yves blandly. Me Bélou is in turmoil. The defendant loses nothing by waiting.
Yves was never convicted before these proceedings. As for the psychiatric expert report, it mentions a need for care for Yves, “whose dangerousness is attested”.
“You are a pedophile! »
Me Bélou does not go with dead hand and exclaims in full voice while looking at Yves the eyes in the eyes : “You are a pedophile! » The former President of the Bar reports scientific work carried out on the profiles of pedophiles and notes that these so-called “experiences” what Yves was doing to track down pedophiles, are “a sign of a perversity!” »
“He says he was stalking, in fact, he likes to see these images! » he thunders. Me Bélou evokes the double wound of the three girls, that their mother did not believe when they wanted to denounce what they suffered. He insists on the trauma suffered by child victims of sexual abuse. “For children, he recalls, pornographic images, represent extreme suffering, of the level of a war! » He adds : “It colonizes the victim’s mind permanently, leaving him no respite”. On behalf of the father of the three girls, Me Bélou is a civil party and asks that Yves be found guilty of the charges. He seeks €5,000 for each of them in respect of non-pecuniary damage and 1 symbolic € for the father, plus €1,000 for legal fees.
Ms. Brigitte Lanfranchi, Deputy Prosecutor, would have added to the litany of offenses, that of corruption of minors. The magistrate considers that all the offenses are made up. According to her, Yves’ motivations are puzzling and cannot be considered credible. Ms. Lanfranchi considers that the three girls did not seek to exaggerate the facts suffered. The magistrate recalls that the defendant incurs 10 years in prison because this type of offense “destroys children”.
Taking into account the fact that this is a first conviction for the defendant, it requires 30 months in prison with a reinforced reprieve, which is not less than 2 year. She is asking for an injunction for psychiatric treatment, compensation for the civil parties, a ban on contact with the three girls, the confiscation of computer equipment, a ban on carrying out any activity with minors and the registration in Fijais (automated judicial file of perpetrators of sexual or violent offences)
The court increases the penalties required
After deliberating in a collegiate formation, the court increased the main penalty required, bringing it to 3 years in prison, including two suspended sentences and socio-judicial follow-up for a period of 6 year. For the other related sentences, the requisitions are repeated in the same terms. As for the amount of non-pecuniary damage, it was set at €5,000 for the eldest daughter who was the main victim and €2,500 for the other two girls, who were slightly less exposed to their predator.
The defendant has a period of 10 days to appeal.
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