DECODING. Mazan rapes: a very ordinary verdict to conclude an extraordinary trial

20 ans pour Dominique Pelicot, défendu par Me Béatrice Zavarro. MIDI LIBRE – Aline Champsaur

Des accusés reconnus tous coupables, des arguties de la défense justement écartées, et des peines adaptées aux faits et à la personnalité de chacun : à Avignon, la justice a été rendue presque comme d'habitude, dans cette affaire qui reste exceptionnelle à tous les égards.

Of course, there is this Avignon courthouse guarded by the CRS, this Thursday, December 19, and invaded by 350 journalists, a figure probably never reached for a legal case in France. This crowd gathered in front of the gates with placards of support and cries of vengeance, and this verdict rendered, for more than an hour, to conclude a historic trial that has captivated the entire world for four months.

The case is exceptional: a husband who drugs his wife to rape her and have her raped by strangers, and 51 men accused of sexual crimes. But in the end, the Vaucluse criminal court did not render exceptional justice.

In complete independence and by adapting the decisions

It judged in complete independence, and by adapting its decisions to each case. On the merits first of all, by dismissing meaningless defense arguments.

About thirty lawyers wanted to see the impairment of their clients' discernment recognized, because of the influence that Dominique Pelicot had exerted on them. No psychiatrist had recommended this measure, which only they can diagnose. Except for one of the accused, who was indeed psychotic: the court, in this one and only case, took it into account.

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All guilty and responsible for their actions

All guilty, therefore, and fully responsible for their actions. But there was no question of copying the verdict on the rather heavy requisitions of the attorneys general as an example.

Dominique Pelicot ? Twenty years, unsurprisingly, the maximum sentence requested. But the court adds a two-thirds security sentence, curiously forgotten by the public prosecutor, which will further delay any possible early release of the septuagenarian.

And for the others, the judges personalize, adapt and modulate. One is acquitted of the charge of rape and attempted aggravated rape: the court reclassifies it as sexual assault. The penalties are reduced: 15 years against 18 years requested, 12 years or 13 years against 17 requested, from nine to thirteen years, where sixteen were wanted.

“You come out free” specifies President Arata

Some get off even better, with sentences of six to nine years, whereas they were facing ten or twelve. Five are even sentenced to sentences that seem to fall within the jurisdiction of the criminal court, while they are guilty of rape: five years in prison, partly suspended, and without an arrest warrant.

“You come out free” specifies President Arata.

Three men, who were sentenced to six, eight and nine years, will not be incarcerated immediately, due to undeniable health problems: their committal order is deferred.

41 of the 51 accused in Mazan behind bars

In the end, the sentences handed down reflect what the criminal response to the crime of aggravated rape is today in France, with or without Dominique Pelicot. Too low, the children of the Pelicot couple whispered. Mixed, consider the lawyers of the convicted, who will hesitate to appeal.

Real, however: 41 of the 51 accused in Mazan are once again behind bars, and this will probably be for several years. Gisèle, who is so rare in her speech, took a step back to conclude with carefully chosen words. Thanking her loved ones, her supporters, and even the journalists,“for the faithful, respectful and dignified treatment” of the trial.

Olaf Scholz and Pedro Sanchez reacted

And then to raise the debate. “I also think of all the other families affected by this tragedy. Finally, I think of the unrecognized victims whose stories often remain in the shadows. I would like you to know that we share the same fight. By opening the doors of this trial on September 2, I wanted society to be able to take hold of the debates that took place there. I have never regretted this decision. I now have confidence in our ability to collectively seize a future in which everyone, women and men, can live in harmony, in respect and mutual understanding.”

A universal message: German Chancellor Olaf Scholz and Spanish Prime Minister Pedro Sanchez reacted yesterday at the end of the Mazan trial. Mazan, exceptional, until the last day.

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