PARIS: Without evidence of these threatening behaviours, under French law, the 11-year-old girl had “consented” to have sex.
Instead, the 28-year-old will be charged with sexual abuse of a minor after he lured the 11-year-old back to his Paris apartment with the offer he would “teach her how to kiss”.
Once inside the man’s home the pair had sex in a stairwell.
The girl’s attorney, Carine Diebolt, was highly critical of French prosecutors’ decision not to charge the man with rape, saying the 28-year-old had been aggressive with the girl, threatening to ruin her reputation if she told anyone.
“We should not even have this debate when it comes to a child,” Diebolt said.
“There is a difference between curiosity and consent to a sexual act with a 28-year-old guy in a staircase.”
The attorney of the accused however argued that his client, who was a father of two, did not know how old the girl was and thought he had “explicit consent”.
An act can only qualify as rape under French law if there is violence or a threat of violence during a sexual act.
Although the age of consent in France is 15, sex with a minor does not automatically qualify as rape, but is considered a sexual offense punishable by five years in prison and a fine of NZ$122,000.