News 2020 - 2022 - Pedocriminality & Abuse
Update in progress...
On September 23, CIDE participated in a press conference organized in the context of the case of Pauline Bourgoin, whose daughter, Louise (3 years old), was the subject of a placement decision by the Aide Sociale à l'Enfance (ASE).
The CIDE has recalled that the best interests of the child, as defined by the International Convention on the Rights of the Child, must be observed in all circumstances.
CIDE recently provided support to Mrs. Pauline Bourgoin in the context of her daughter's abusive placement. In this context, Ms. Nathalie Glatz, a psychotherapist in Lausanne and member of the CIDE Board, was asked to co-sign a platformcalling on the French authorities to reform the handling of inter-family violence situations.
For all the defenders of abused children, the absence of this ministry is all the more surprising since the Head of State had announced, during the campaign for his re-election, his intention to devote his second term "to the protection of children".
The Prime Minister had dedicated her nomination "to all the little girls" so that they could "follow their dreams". Several million of them, children, teenagers, adults or seniors, are waiting for reparation after the destruction of their future and then of their whole life by the trauma of incest or rape.
We must always remember the figures for child crime: 140,000 new victims every year. That is almost 50 times the number of victims of road accidents every year.
Rape and incest are psychic homicides, their victims die with this poison in their hearts.
They can be blamed and accused of manipulation when they refuse to allow their child to spend the weekend with the abusive parent.
Protecting children is often a difficult task for mothers. The Independent Commission on Incest and Sexual Violence against Children (Ciivise), charged by the government with developing public policy recommendations to better protect children, will hold public meetings for incest victims on May 11 in Nancy and May 16 in Paris.
Two new stages of a tour of France where mothers' testimonies come back like a litany. Adèle (first name changed) testifies to the AFP:
"My daughter refuses to spend time with her father, whom she has accused of touching her genitals since she was four years old. I am accused of "parental alienation" by my ex-husband, his lawyers and the fathers' associations that support him, of manipulating my daughter against her father. My daughter and I are under suspicion, subjected for seven years to numerous psychological expertises and procedures. I live in fear of losing her custody and having her placed."
The Ciivise denounces this "Parental Alienation Syndrome" , not officially recognized and defended by the very controversial and influential American psychiatrist Richard Gardner. The European Parliament, in an October 2021 resolution, urges EU states to « à ne pas reconnaître (le SAP) dans leur pratique judiciaire et leur droit. »
A petition launched by the feminist association #NousToutes to ban it in France has gathered 27,000 signatures, including those of many psychiatrists and NGOs. Five associations, including CDP-Enfance, Reppea and Peau d'âme, wrote an open letter to the future president in April.
Protecting the investigation
"160,000 children are sexually abused every year, and they need to be found and protected. They often tell their mothers., observe Édouard Durand, coprésident de la Ciivise. "If you go to the police station to say that your cell phone was stolen, you will be believed; if you reveal sexual violence, there is a high risk that you will be accused of fabrication. However, the risk of misrepresentation is very low for the number of children at risk."observes this children's judge.
« My son, when he filed a complaint with the juvenile brigade, described penetrations, the ‘pipi dans les fesses’ that his grandfather, an early childhood animator, made him suffer. When he came back from his father's house, where he was raped by his grandfather, he was pale, had lost his joy of living. Doctors noticed wounds [...], anal fissures, and made reports. However, my complaint was closed without any action ", explains to AFP Marie (first name changed), who works in a health profession.
"My ex-husband accused me of instrumentalizing our child and of parental alienation syndrome. My child and I were subjected to a social investigation for four years. And for my son, hearings and hearings, where he relived his traumas over and over again. It takes a lot of energy to keep going and a lot of money to pay the lawyers.", ajoute-t-elle.
Since February, as recommended by the Ciivise, the magistrates must no longer pursue the « parent protecteur » who refuses to give his child to the parent suspected of sexual violence, while the judge verifies the allegations. Ciivise wishes to go further: that in case of criminal proceedings for sexual violence, the exercise of parental authority and visitation rights be suspended by right.
"This is not contrary to the presumption of innocence, any more than the pre-trial detention of a suspect during the investigation of a crime. But it does protect the child., notices judge Durand.
"We maintain a system where the child spends his vacations with the abuser. It is difficult to denounce the father and live with him. This is one of the reasons for the high number of cases that are dismissed, about 70%. Suspending the right to accommodation protects the investigation by protecting the child from the pressure of the suspected adult. "We maintain a system where the child spends his vacations with the abuser. It is difficult to denounce the father and live with him. This is one of the reasons for the high number of cases that are dismissed, about 70%. Suspending the right to accommodation protects the investigation by protecting the child from the pressure of the suspected adult.explains lawyer Pascal Cussigh, president of the child protection association CDP-Enfance.
Konbini news avec AFP.
Impunity continues day after day in France against pedocriminals who, in other countries, would end their lives in prison or undergo chemical castration.
« I admit to touching my granddaughter when she came to my house." The 68-year-old man who spoke, Thursday, May 12, 2022 at the judicial court in Quimper (Finistère), is accused of incestuous sexual assault on his 7-year-old granddaughter, on numerous occasions, between June 2020 and February 2021, at his home in the country of Quimper. The girl denounced the facts twice to her parents, who at first had difficulty believing her.
He was sentenced to probation and 8,000 € in damages.
Basically, Bensussan is quite practical: he serves as a lightning rod for all of us", summarizes, with a yellow laugh, one of his old friends, a psychiatrist like him. It is true that Paul Bensussan, 64 years old, expert approved by the Court of Cassation, is one of those on whom lightning often falls. Is he not one of the doctors who considered Kobili Traoré, the murderer of Sarah Halimi, irresponsible for his acts? Didn't he dare to point out a "propensity for affabulation" in "Julie", the young woman who accuses several Paris firemen of gang rape when she was a minor? It is another subject, however, that has recently put him back at the heart of the controversy: his defense of "parental alienation", a highly controversial concept according to which, through a very conflicting separation, a child could become detached from one of his parents - even to the point of, and this is what is most debated, falsely accusing him of sexual abuse.
Paul Bensussan was one of the first doctors, in France, to study the subject, as well as the question of false allegations. Because he has worked on it, and used it in some of his expert reports, he has become, according to his detractors, a "militant" of the parental alienation syndrome (or PAS), that is to say a militant of the "father's cause" - or even an "anti-mother" militant. Four associations defending victims of rape and violence filed a petition against him at the beginning of April with the Conseil de l'ordre and the Versailles public prosecutor. This, after his name appeared in the file of a certain "Adèle", who accuses her ex-spouse of abuse on their daughter and who, after multiple legal actions were dismissed, was sentenced to one year in prison for not representing a child. The case itself dates from 2012, the expertise of Paul Bensussan, from 2015, but both have been recently exhumed and mediatized - before a new appeal hearing.
A " new kind of conspiracy theory ".
These attacks come in a particular context: the SAP has been the subject of heated debates since its inception and is strongly condemned by the Ciivise, the independent commission on incest and sexual violence set up after the Duhamel case. According to the commission and its co-chair, children's judge Édouard Durand, this "pseudo-scientific" concept would make it impossible to be a protective parent and would make incest and rape invisible - it would be nothing less than a weapon in the service of a "system of impunity for aggressors". But this position is also a bitter one. In this matter, everyone is throwing his real or supposed "militancy" in his face and, sometimes in hushed tones, certain specialists in the field - magistrates, lawyers, experts or association leaders - are alarmed by the very radical positions of the Ciivise and Judge Durand. "The protection of children being the noblest of causes, we must ensure that it never, even if with vibrant accents, serves the ends of a new kind of conspiracy", write, for their part, Paul Bensussan and the criminal lawyer Marie Dosé in an article published at the beginning of April.
These reproaches hardly move Edouard Durand. The pseudo-objectivity of the expert has all the makings of a "good hiding place", he believes: "There is no such thing as a neutral position" when faced with such subjects. This is certainly not false. Nevertheless, one must note the extreme violence that surrounds the question: "parental alienation" is one of those concepts that unleash passions so well that they make us forget the very reality that they are supposed to cover.
A sulphurous character
Its inventor is no doubt responsible for this. The first to have used the term - and the only one to have really designated it as a "syndrome" - is, in the 1980s, the American psychiatrist Richard Gardner. A sulphurous character, who died in 2003 after having stabbed himself, and whose nauseating statements in defense of incest and pedophilia are widely quoted - but never sourced. So much the worse if other doctors have since worked on the subject, reminding us that parental alienation is not confined to allegations of incest or, like Paul Bensussan himself who now prefers to speak of "parental disaffection", suggesting other terms to designate such phenomena. "One cannot detach a concept from its history and give it a new virginity every day" protests Edouard Durand.
"Why are so many clinicians opposed to it? Because the term is used today in order not to take into account maltreatment, and this by experts who have no specific competence in child psychiatry, nor in collecting the word of child victims", insists the child psychiatrist Maurice Berger, close to Édouard Durand and co-president of REPPEA, the Network of professionals for the protection of children and adolescents, who signed the petition against Dr Bensussan. Maurice Berger recognizes however that cases of "hold" exist. He cites the example of a child whose mother accused her father of touching her: "When she entered my office, the little girl stumbled and, in order to catch herself, put her hand on the chest of the educator who was accompanying her. Her mother immediately said to me, 'Did you see that? She has sexual gestures, that's the proof!"... and then develops a completely paranoid speech." There are real brainwashing of the child, aimed at denigrating the other parent or can be the source of unfounded accusations. But these cases are very rare, accounting for 1-6% of sexual abuse allegations, and are made by parents with personality disorders that can be hard to spot. The problem is that some experts see parental alienation absolutely everywhere."
A rather difficult accusation to substantiate. How difficult it is to find one's way through the jungle of arguments and counter-arguments produced on both sides, sometimes with a touch of bad faith. For example, the debate about whether or not the concept is scientific could take up an entire tome: parental alienation was the subject of violent controversy when the DSM-V and the ICD-11, two international classifications of psychiatric illnesses, were updated, and then excluded from them. Opponents of PAS also claim that the French Ministry of Justice has prohibited its use since 2018 - when the Minister of Justice, in response to a question from a senator, had only reminded magistrates of its controversial nature and the existence of other tools "to deal with the sometimes real situations of a parent trying to progressively distance the child from the other parent"...
"Why did we wait so long?"
"We no longer have the right to nuance in these areas, not at all," deplores Josiane Bigot, former magistrate and president of the Themis association, which, in Alsace, defends access to the law for children and young people. She does not like the notion of "parental alienation", however. "It appeared in family law, she recalls, when fathers' movements were formed to denounce a justice system which, according to them, systematically gave victory to mothers and considered their speech to be true, to the point of leaving the children under their sole influence. I am wary of concepts like these, but I am also opposed to a presumption of truthfulness for mothers who denounce abuse. We must be extremely careful about what is said, by everyone. The experts are appointed to bring additional elements: their report counts, but only the judge decides... And it is not only false, but also dangerous to let believe that the magistrates would be indifferent to the fate of the children! If justice is overwhelmed from all sides, it is undoubtedly because it does not systematically give reason to any of the parties... ".
The former magistrate does not underestimate the dysfunctions of child protection and its many flaws. We have known for a long time what needs to be reformed and how to get the word of the victims," she says. The Lanzarote Convention, signed in 2007 by the Member States of Europe, already made all the necessary recommendations! Why did we wait so long to tackle the problem head on? And why a new commission, when we are waiting for an action plan to better support children, and when prevention must be implemented?
The "expert alienation"
"Everyone wants to give voice to the victims, which is both legitimate and relevant. But every statement must be carefully listened to, but also evaluated. Such a passionate climate is not healthy for the professionals, who have to approach the situations in their singularity, to make case by case", analyzes, for his part, the psychiatric expert Roland Coutanceau. "There are no neutral statistics in this field, he adds, and the definitions of parental alienation are multiple and sometimes problematic. So let's make it simple: is it possible that, in a context of conflictual separation, a parent, father or mother, can influence a child? Of course it is! We have all met children who have been manipulated, and we have all had doubts when faced with cases that were a bit vague... I remember a little girl who arrived shouting "Daddy put a finger in my pecker! I remember a little girl who came in saying "Daddy put a finger in my pecker!" before she even entered my office, a boy who did not deny his mother's statements but threw himself into his father's arms when he saw him enter the office... To help us untangle the situations, we have clinical experience of very real abuse."
The psychiatrist Daniel Zagury, an equally respected expert, likewise refuses "ideological positions" and is wary of "dadas". This is the reason why he excludes, except in exceptional cases, giving private expert opinions for one or other of the parties: "I would be afraid," he says, "of suffering from expert alienation syndrome. "What interests me is to have a psychodynamic understanding of what is at play in a particular family. The so-called 'parental alienation syndrome' does not exist as a disease. What does exist, and what interests me, are expressions of the suffering of a child caught in singular parental issues. I don't think I've ever met an insincere mother: there are mostly mothers who are worried, who ask questions and set up a self-reinforcing loop where the children end up saying what is expected of them..." Daniel Zagury also dislikes fads, fashions, lobbies of all kinds - anything that would claim to prevent him from arriving at expertise "unprejudiced, naked as a worm". "One ends up losing all common sense, systematism is always a mistake. At one time, the false accusation had become an atomic weapon: the judges were tetanized, and immediately asked for meetings with the father in media places. Then they realized that they could have been deceived at times, and the somewhat opposite movement occurred."
The spectre of Outreau
For there is also, weighing on these questions, a certain air of the times, a general sensitivity of society. After the Dutroux affair, Roland Coutanceau notes, many legitimately shaken adults tended to over-interpret the behavior of young children and to track down everywhere - in sadness, anger, a tendency to masturbate - the signs of a possible sexual aggression. "We had, with a colleague, received the entirety of the cases of alleged abuse in a given department; in 50% of the cases, the children themselves had not said anything, it was the entourage that was alarmed." Conversely, some child protection actors today denounce the ravages of Outreau. After the trial, there was a 25% increase in the number of cases that were dismissed," says Maurice Berger. The idea had taken hold that the children were lying. However, it is also Outreau that his detractors blame Dr. Bensussan for: at the request of the defense, he gave an expert report at the time pointing out the flaws in the report drawn up by psychologists Jean-Luc Viaux and Marie-Christine Gryson-Dejehansart on the four children of the couple Myriam Badaoui and Thierry Delay.
This report has not been forgiven by some people, almost twenty years later: it is now a prominent part of the petition filed against him. "His great battle was to treat the children of Outreau as liars," says Emmanuelle Piet, president of the CFCV (French Committee against Rape), an association that co-signed the text... and also responsible for the Ciivise hotline. "He was the leader of this attitude which consists in saying that one should not believe the children, she continues. Every time he intervenes in a case, he militates for the invalidation of their word. Innocence in Danger, also a signatory of the petition, attacks with as little caution. "The judges are very permeable to what the experts say, especially Dr. Bensussan," says its president Homayra Sellier. "We receive between six hundred and eight hundred requests for intervention per year, three quarters of which are about abusive placements. We cannot remain spectators in front of this: those who do not understand the urgency to act are people who have never had to face child victims or mothers who have lost their children. No, children do not lie, they simply express themselves with their children's words!"
In a long interview with Le Point in early April, Paul Bensussan explained his work. "To say that an unveiling is systematically true is as simplistic as it is dogmatic - and the opposite would be just as true, he argues. The problem is that it's impossible in these cases to provide nuance without appearing to take the mirror position. To contradict someone who asserts that "a child cannot invent an assault", that "the child's word is sacred", that "false allegations do not exist", would be tantamount to supporting the alleged abuser... or to denying the reality of incest." On the petition itself, the expert reserves his answers to the magistrates, and the council of the order.
These revelations on the internal investigation conducted since Saturday on these accusations by the party of Jean-Luc Mélenchon contradict the initial official version on the withdrawal of the far left activist because of a media campaign against him.
The LFI deputy Clémentine Autain, seized by one of the victims, said that his report was "of a seriousness never encountered." "We are
upset by what we have read and heard," she told Mediapart. It is not known if the victims have filed a complaint. They are four, according to an executive of LFI to France-Info.
Bouhafs' candidacy for the legislative elections in Vénissieux(Rhône) had caused a strong controversy because of his conviction for racism. The police unionist had been called by him "Arab service" on Twitter in June 2020. Linda Kebbab had filed a complaint, and he had been convicted of the crime of public insult because of the origin and a fine of 1500 euros, a court decision to which Taha Bouhafs appealed.
This 35-year-old school teacher filmed the rapes she imposed on her two children, a 7-year-old boy and a 5-year-old girl, and sent the videos that her 45-year-old former photographer lover demanded of her.
The father of the children was also prosecuted for a sexual assault on the girl, but he was acquitted, in accordance with the prosecution's request.
The latter had requested 12 years of criminal imprisonment for the incestuous mother and 10 years for her lover. Finally, they were both sentenced to 14 years in prison. The forty-year-old, who has always denied the facts, has already appealed.
These crimes, normally devolved to the Assizes, were judged by the Correctional Court of Coutances (Manche) on May 4, 2022. The man, 70, was accused of sexually assaulting two of his granddaughters, aged 8 to 10 at the time of the events, in 2017 and 2018 at his home in the La Haye-Pesnel.
He disputed the allegations, claiming that it was a conspiracy to extort money from him.
But the court found the children's statements to be credible, as found by experts. The children were the same age as his own daughters when he raped them, for which he was sentenced to 12 years in prison in 2003.
But the court found the children's statements to be credible, as found by experts. The children were the same age as his own daughters when he raped them, for which he was sentenced to 12 years in prison in 2003.
He was sentenced to 2 years in prison and 4 years of socio-judicial follow-up, including a ban on contact with minors. He will have to pay 9 900 euros to the victims for their damages.
He was not put under arrest.
This reaction of the alleged victims follows the announcement of the complaint filed against them for "slanderous denunciation" by Patrick Poivre d'Arvor, the former presenter of the 20h of TF1.
The affair of the complaints against PPDA bounced back with the broadcast on Thursday 28 April by France 2 of a Complément d'enquête on "The fall of an untouchable".
After a first complaint dismissed in February, the French journalist and writer Patrick Poivre d'Arvor, former presenter of the 20 hours news on TF1, decided to file a complaint with civil party for "slanderous denunciation" against 16 women accusing him of sexual harassment or sexual violence, learned "Complément d'enquête" from the lawyer of the journalist and the prosecutor's office in Nanterre.
The lawyer of "PPDA", Philippe Naepels, confirmed that he filed this complaint with the senior investigating judge of the court of Nanterre this week, before the broadcast in "Complément d'enquête" on France 2, Thursday, April 28, of an investigation devoted to the former TF1 presenter. The complaint was registered on Tuesday. Wednesday, the prosecutor's office of Nanterre confirmed to "Complément d'enquête" « la réception par le service de l’instruction » de cette plainte.
» "Since the excitement generated by the #MeToo wave, the liberation of women's speech has unfortunately known its share of excesses and abuses, and the means implemented to serve this legitimate objective can prove to be perverse and devastating"Patrick Poivre d'Arvor denounces in his complaint, that "Complément d'enquête" and franceinfo have been able to consult. Forty-three pages with vitriol which castigate "a return of puritanism and censorship, cleverly adorned with the alleged protection of women".
"Since the excitement generated by the #MeToo wave, the liberation of women's speech has unfortunately known its share of excesses and abuses, and the means implemented to serve this legitimate objective can prove to be perverse and devastating"Patrick Poivre d'Arvor denounces in his complaint, that "Complément d'enquête" and franceinfo have been able to consult. Forty-three pages with vitriol which castigate "a return of puritanism and censorship, cleverly adorned with the alleged protection of women".
In this complaint, the former journalist implicates 16 of the 22 women who testified against him at the Brigade de répression de la délinquance contre la personne (BRDP). "Eight of them have filed a complaint., rappelle le document. "It would be impossible to give any credit to these sixteen women, journalists or writers in need of fame and/or feminists of the last hour, who came to support a former colleague, a friend, or even a simple activist of the women's cause"., tackles the document about the people concerned.
And to continue: "Regretting not to have benefited from more consideration, or even a simple glance, on the part of a man they once admired, makes today's rejected or ignored respondents very bitter, a bitterness that leads them to commit, out of belated revenge, the crime of slanderous accusation." The complaint then returns to each of the accusations of these 16 women, firmly disputed by Patrick Poivre d'Arvor. The complainant cites, for four of them, extracts of correspondence that would have been written after the facts denounced, weakening according to him the version of these women accusing him.
Terms deemed "outrageous"
The lawyer Laure Heinich, who defends the complainants accusing the former presenter of sexual violence, evokes, in a letter addressed to "Complément d'enquête", "a complaint of slanderous denunciation in outrageous terms that only overwhelm him". Les mises en cause « attendent impatiemment d’en répondre et de le confronter devant des juges, ce que la prescription leur interdisait », she defends.
Contacted by franceinfo, Cécile Delarue, treasurer of the association #MeTooMédias (founded by women accusing Patrick Poivre d'Arvor of sexual harassment and violence), denounces "It is a way of telling the women who had the courage to speak that they must remain silent. "We are very shocked to learn about it through the press, we do not even know who the women targeted by this complaint are, she reacts. "We too look forward to speaking in a court of law. We look forward to justice." Hélène Devynck, vice-president of the association, denounced on Twitter a "pathetic diversion".
The association #MeTooMédias denounced in a press release In addition to the "gagging procedures by Patrick Poivre d'Arvor as attempts at intimidation aimed at discouraging the victims who have not yet come forward to the authorities to undertake this painful and difficult process".
According to this statement, "to date, 26 women have contacted the authorities and 16 complaints have been filed against Patrick Poivre d'Arvor, including 7 for 'rape'. The former figure of TF1 firmly disputes these accusations. Franceinfo returns on the judicial consequences given to these complaints, and on the actions for "slanderous denunciation" initiated by the journalist and writer.
New appeals filed
The case Patrick Poivre d'Arvor began in February 2021, when the writer and Florence Porcel had filed a complaint against him, accusing him of having imposed a sexual intercourse in 2004 and a fellatio in 2009. The journalist had then filed a complaint for defamation and slander. The Nanterre prosecutor's office then conducted a preliminary investigation for four months. The investigation had been closed "without action" in Juneas well as the complaint of Patrick Poivre d'Arvor. At the beginning of November, eight women who had been heard by the justice had testified to Libération, accusing the journalist of sexual harassment or violence.
Florence Porcel subsequently became a civil party with the doyen of the investigating judges, leading to the opening of a new investigation. En décembre, deux nouvelles plaintes, l’une pour viol, l’autre pour agression sexuelle were also filed against the former presenterfor events in 1985 and 2013.
With franceinfo, Philippe Naepels announced his intention to file a new complaint for "slanderous denunciation" with civil party against Florence Porcel, at the end of the ongoing investigation on these accusations.
Olivier Combe, head of the DGSI (Directorate General of Internal Security) in Charleville, was sentenced on appeal this week to only one year in prison and one year suspended for child pornography. He was prosecuted for the rape of a minor Muslim girl whom he was in charge of de-radicalizing, and was acquitted.
None of the major media reported this very serious information, unless I am mistaken.
The 59-year-old ex-officer was acquitted of both charges in the first instance in September 2021. During the trial in June 2021, the public prosecutor had nevertheless demanded 4 years in prison.
In 2019, a young woman files a complaint for three rapesof which she would have been victim in spring 2016 in the Ardennes. At the time of the facts, the young woman aged 17, who is nicknamed H. in the French media, had just fled the family home after having answered a matrimonial ad to marry an Islamist, candidate for jihad in Syria. It is within the framework of the fight against terrorism that H. meets Olivier Combe, the agent of the General Directorate of Internal Security (DGSI).
After several interrogations within the premises of the DGSI, her relationship with the married man and father of two children became "ambiguous". It is then that the rapes would have started. H. explains to the police officers who took her complaint, that she was under his " emprise "and confides that she felt " obligated " despite his complaints and her" nos " repeatedly.
Following these accusations, investigations are carried out and reveal two other sexual relationships with young Muslim women, which would have been consensual. Theagent of the DGSI had then immediately been " disarmed by his hierarchy " and " administratively suspended from duty", according to the prosecutor in charge of the case.
During the investigation, Olivier Combe's team members were interviewed anonymously. In their statements, we learn that the fifty-year-old had the habit of questioning his interlocutors alone, in his office of the anti-terrorist fight in the Ardennes. A practice forbidden by the DGSI. At the beginning of this scandal, the ex-agent would have confided to his colleagues: " I won't draw you a picture, I should have kept my hands in my pockets« .
(d’après « Oh my Mag »)
Reality exceeds fiction once again in the French justice system with this scandal. The public was to believe that this child killer and rapist was spending his life behind solid locks. Far from it.
Nordahl Lelandais was caught Thursday in a sexual relationship with a Parisian visitor during a visit to the prison of Saint-Quentin-Fallavier (Isère). It was their first meeting after a sustained correspondence.
The visit was conducted without any exceptional supervision measures. The inmate was returned to his segregation cell and was threatening to the officers. The visitor had to leave the facility.
For these facts, qualified of exhibition by the direction of the establishment, Nordahl Lelandais risks up to 14 days in disciplinary quarter. The authorization of meeting of the visitor was suspended as a precautionary measure, the time of the investigation.
Last February, the Assize Court of Isère sentenced the criminal to life imprisonment, with a security period of twenty-two years, for the kidnapping and murder of little Maelys as well as the sexual assaults on two little cousins.
The following article, published on April 29 in the Quotidien du médecin, is signed by two child psychiatrists, Françoise Fericelli and Eugénie Hizard, who were recently sanctioned by the Conseil de l'ordre des médecins for having made this type of report.
The authors of this text express their "dismay" at the reservations once again expressed by the Conseil de l'ordre on the obligation to report, also desired by the Commission on Incest and Sexual Violence (CIIVISE).
It will be up to the new Parliament to demonstrate its interest in the defense of children by passing a law that definitively imposes this reporting obligation on physicians.
Vigilance is required for all those who advocate for this cause.
Contribution / Le Quotidien du Médecin
Child abuse: the obligation to report must be in the law
PUBLIÉ LE 29/04/2022
The recent recommendations of the Independent Commission on Incest and Child Sexual Abuse (ICICA) call for mandatory reporting by physicians. But the Order does not agree. The Collectif Stop Violences Médecins - created a year ago and gathering about fifty practitioners - does not understand this reticence. Two of its leaders, child psychiatrists, explain here why.
CONTRIBUTION - The Stop Violences Médecins collective welcomes the release on March 31 of the second report of the Ciivise. This report notes in particular the particular situation of physicians with regard to child abuse: "As the law stands, a doctor who makes a report on behalf of a child who is a victim or likely to be a victim of sexual violence may be subject to disciplinary proceedings by the medical association... The Ciivise is attentive to the situation of those practitioners who have been subject to such proceedings, and even to sanctions up to the temporary prohibition of their profession..." The Ciivise therefore recommends the suspension of professional procedures in the context of reports of children in danger or likely to be in danger, recalling that the protection of the child must come first. It also recommends clarifying the position of the reporting physician with respect to the law and recommends that the obligation to report be clearly stated in the law.
In this context, the Stop Violences Médecins collective is dismayed by the position taken publicly by the Ordre des Médecins following these recommendations. Several elements question us.
1/ According to the College, physicians should only report to the prosecutor "if they are sure of the existence of abuse" . For our group, the doctor is neither an investigator nor a magistrate and it is not his role to be sure of the facts. The doctor can only assume and transmit to the justice or social services the elements that make him assume that the child is likely to be in danger. To be sure of the facts in order to report would mean that a doctor could never report.
2/ Physicians already have an obligation to protect according to the medical code of ethics, it would not be necessary, according to the Order, to have an obligation to report. The collective argues that a doctor cannot himself implement the protection of a child subjected to abuse. He has neither the means nor the prerogatives. The only means available to the doctor is to report the case, as provided for in the law of 5 March 2007, so that effective protective measures can be put in place as soon as possible.
A major health issue
3/ The College believes that mandatory reporting could "keeping children out of care". It is important to remember that children have a fundamental need for emotional and physical security on a daily basis, described by the scientific community as a meta need. This means that the need for security in children is the primary condition for their physical and psychological health. Moreover, maltreatment in childhood is the first risk factor for suicide in children and adolescents, a source of physical and psychiatric illnesses during childhood and later on. It is therefore a major public health issue that cannot be ignored by physicians. Finally, clinical practice shows that access to care for the abused child only becomes regular and effective once protective measures have been implemented. The obligation for physicians to report will not be an obstacle to access to care, quite the contrary.
4/ Finally, it is important to remember that this obligation exists elsewhere. It has been in place for 50 years in the United States, and also exists in Canada and in many European countries. In Canada, a large study has shown that this leads to better protection for children. In France, school doctors and PMI doctors are already subject to such an obligation to report: it would therefore only be a matter of extending this obligation to all doctors.
The World Psychiatric Association (2009), the Committee of Ministers of the Council of Europe (November 18, 2009), the Committee on the Rights of the Child and two UN Special Rapporteurs (2011) have also advocated this obligation, believing it to be a guarantee of better detection of abused children and protection for reporting physicians.
Finally, the High Authority for Health (HAS), in its 2011 report on intrafamily violence, notes that physicians "They are among the most likely to recognize the signs of abuse. And in 2014, it deplores that less than 5% of reports of child abuse come from doctors. We therefore ask: how is it possible for a doctor to follow the HAS recommendations, to carry out his human and ethical duty to protect child victims if he has to fear prosecution and professional condemnation in the aftermath of his report? Given the public health issue of prevention and detection of signs of physical, psychological and sexual abuse, the Stop Violences Médecins collective is in favour of the obligation to report. Noting that complaints against doctors most often come from the aggressor parent(s), the collective is also in favor of the inadmissibility by the Order of any complaint that falls within the framework of suspected child abuse.
Dr Françoise Fericelli, Dr Eugénie Hizard for the Stop Violences Médecins collective
Zara Phytian, who starred in the 2016 film "Doctor Strange" alongside Benedict Cumberbatch, and her husband Victor Marke, a taekwondo master, are currently on trial before the Nottingham Assizes on fourteen charges of rape and sexual assault.
The rapes were committed between 2005 and 2008 by the couple against the minor, between her 13 and 15 years. The 30-year-old victim, whose identity has not been revealed, wanted to reveal her tragedy once she became a mother, "to avoid that such horrors continue to be repeated".
This drama experienced daily by thousands of mothers was tragically illustrated by the recent suicide of a gendarme who set herself on fire after losing custody of her child.
The CIDE (International Committee for the Dignity of the Child) of Lausanne fully associates itself with the press release published on this occasion by the association " L'enfance au coeur ", below.
Once again, a womana mother, is the ultimate victim of a judicial decision.
This gendarmerie officer mother of a 5 year old child, learns that she has lost custody of him, and she killed herself by setting herself on fire. Her colleagues were full of praise for her, but what could have happened? In any case, a court decision that no one knows about is at the origin of the drama.
It is therefore appropriate to compare this drama with the number of similar dramas or situations of suffering. Often, although too often, mothers are deprived of their child(ren) by the justice for aberrant reasons and on the basis of lies or totally biased expert reports.
Justice does not see the drama coming, justice precipitates it! The knowledge of too many cases in which the maternal bond is destroyed by judicial intervention who makes himself an accomplice of the abusive father or the violent spouse makes us think that justice loses the pedals in its values and in its functioning.
The disqualification of mothers under any pretext and the destruction of women by their spouses or ex-spouses is a scourge to which the Justice system collaborates unconsciously or by lack of competence or by ideology.
A mother-child bond is created even before the child is born. It is essential to the development and balance of the child, essential to the construction of its identity, to its self-esteem, to its security and its inner confidence.
Is it necessary to recall such an obvious fact? The answer is yes, because unfortunately, a thousand times, theories (such as "maternal control", parental alienation syndrome, ....) prevail over this scientific reality (and common sense) in the socio-judicial world.
In the case of this mother, L'ENFANCE AU COEUR wonders what motivated the judge to take her child away from her? A mother praised by all, who was actively involved in finding funds for the orphans of the gendarmerie, which was strongly mobilized after her death.
What are the judicial motivations that led to the decision to remove her 5-year-old child?
In fact, L'ENFANCE AU COEUR knows that the possibilities are numerous because the notion of danger is so arbitrary and is used in an abusive way, not to say destructive, to place children.
Another question: What visitation and accommodation rights did the court provide for the mother? Did she agree to 1 hour of visit per month, supervised by the social services? L'ENFANCE AU COEUR speaks with full knowledge of the facts: when the maternal bond is identified as "the danger", the mother can only see the child in the presence of social mediators to verify that the mother has understood the educational measure, in other words that she has distanced herself from her child.
We do not know if it is the case of this mother who went so far as to kill herself by setting herself on fire after a court decision removing her child.
The drama is there, and bigger or smaller than this drama, there are thousands and thousands of them.
Despair cannot be the result of legal action, of a trial, and yet it is too often the case. The injustice of justice plunges families into despair and beloved children into the hell of the home
The protection of mothers and children and the respect of their fundamental needs is too often undermined for L'ENFANCE AU COEUR not to call this wound a destruction in the general indifference.
This is all the more unbearable as the justice system is keen to show its human face when it comes to abusive parents who beat their children. In these cases, it will be very careful and will do everything possible to avoid breaking the family bond.
Let's react, let's see things in place, justice must urgently take over.
In Geneva, the case was dismissed without any investigation after the complaint of a teenager for sexual assault
(according to the Tribune de Genève)
Filing a complaint after a sexual assault, when you are a minor, is often not easy. At the age of 11, Adèle* decided to go to the police to file a report. A few months earlier, the teenager had been harassed and then assaulted by four friends at her elementary school. "The police told me that the case was too serious, that I should file a complaint. But I didn't feel like launching such a big procedure."
Because Adele feels that she has forgotten a certain number of elements, following a traumatic amnesia. Five years later, thanks to psychotherapy, she finds the strength to overcome this and makes an appointment at the Brigade des mineurs, where her three-hour testimony is filmed. Four teenagers, all minors, were interviewed.
Slow and inefficient justice
For a year and a half, the girl has no news. Then the decision was made. Without witnesses or sufficient evidence, justice will not enter into the matter. There will be no investigation. More than the decision itself, the teenager and her lawyer, who is also her curator, criticize the length of time it took for a null result. "I brought medical certificates, screenshots of social networks that attest to the harassment, regrets the girl. Across the street, the four people were only questioned for a few minutes."
Her lawyer and curator, Me Camille Maulini, is surprised. "The delay between the filing of the complaint and the result was really too long to lead to a non-entry into the case. There was no confrontation hearing, nor any real investigation. For my client, it is a feeling of not having been heard that prevails. This delay and this refusal to hear were experienced as a new trauma.
* Identity known to the editors
The winner of the 2012 Tour de France, Britain's Bradley Wiggins, was raped at age 13 by his coach
A multiple-time Olympic and world champion in pursuit and time trial, and now 41 years old, he made this revelation in an interview this week with Men's health UK magazine.
The 2012 winner of the Grand Boucle explains that he did not say anything about it at the time for fear of his stepfather, "very violent." He did not reveal the identity of his predator.
His entourage discovered "with horror" this crime that they had ignored, said the Daily Mail.
A pedophile monster, who filmed his rapes of children, returns to prison in Bordeaux
His freedom of action to commit his crimes as a babysitter, after a first conviction, demonstrates once again the lack of control of predators and the weakness of convictions.
Dorian Laroche, 31, was sentenced by the Assises de la Gionde, on April 12, to the maximum sentence of 20 years of criminal imprisonment, including a 2/3 security sentence, for the rapes of 4 children that he had filmed and whose videos he had posted on the darkweb since 2016. He had just served a sentence of four years in prison for sexually assaulting six other 15-year-olds, as well as for setting fire to the home of a child's family who had just reported him. He was however subject to a 10-year socio-judicial follow-up, and prohibited from working with children.
The pedophile babysitter had however been unmasked by a mother when he had registered under his real name on a website to sell his childcare services. She had come across a newspaper article about his previous conviction and reported it.
Dorian Laroche had then been the object of a simple "call to order" from a judge of freedoms, signifying to him the prohibition that he had to work with children. And then nothing more...
The young man had chosen to present himself under his mother's maiden name and was thus able to fool the parents of his future victims.
At the time of the verdict, when justice, by pronouncing a maximum sentence for these facts, recognizes the dangerousness of Dorian Laroche, a question doubled with anger rose among the civil parties: "How did he slip through the cracks when he was being watched?" indignantly said the mother of a victim.
He added: "We watch more a drug dealer than a pedophile. He was summoned once every two or three months, sometimes he would cancel his visit and I, while he was looking after my son, would tell me that he had an appointment at the hospital for problems with his skull... "
She continues, "The gendarmes should be able to show up unannounced to see if his computer has pedophile content, but he is warned of their coming and has time to delete everything, especially since he knows about computers."
The lawyer of one of the abused children specifies: "He played with manipulations and lies, he is a sexual pervert with psychopathic tendencies and everyone was fooled." The direction of the Penitentiary Service of insertion and probation (SPIP) of Arcachon, where he was followed, did not formulate an answer to our questions.
(Avec Actu Bordeaux)
Camille Chauvet remains in Switzerland and her mother has still not been extradited to France
(according to Le Matin)
This first verdict of the Justice of the Peace was sent to the parties on Thursday, April 7, and clearly states that Camille, 16 years old, will not return to France to her father (74 years old) now.
The teenager was with her mother Priscilla Majani when she was arrested near Lausanne on February 22. The mother had fled with her daughter in 2011 so as not to have to hand her over to the father, who had obtained custody of her despite Ms. Majani's complaints against Alain Chauvet, accused of raping her daughter.
"I suffered the worst horrors," the father told Le Matin. I did not expect a miracle, but logically, all this had to be sent back to France. Let them give me back my daughter! She was born in France, I am French by blood and soil and I am her father (...) I did not ask anything to Switzerland, why should I suffer it on top of my misfortune? She will start a new school year and, in October 2023, she will be of age. The mother will have won all the way. We are pleasing a delinquent. Who cares about the father? She is protected. And I, who have nothing to reproach myself for, especially with regard to justice, am rejected. Switzerland still prevents me from seeing my own daughter while it grants her the privilege of being able to see her in prison".
"We oppose his extradition"
France has requested the extradition of its national to the Federal Office of Justice (FOJ). If the FOJ accepts the request, the forty-year-old, who has been on the run for eleven years, will have to serve the accumulated prison sentences that await her in France. This is confirmed by her lawyer, Me Benjamin Schwab: "She has been tried three times in absentia for not representing a minor, slanderous denunciation and child abduction. She received a total of six years in prison. The first judgment being time-barred, she still has 5 years left".
Mr. Schwab added: "We will have to make a decision this week with the FOJ. We will oppose his extradition. Her daughter is in Switzerland. She wants to be able to stay close to her child. My client was allowed to receive visits from her daughter in prison. I don't know if they have ever met. If not, it should happen soon.
Recourse to release it
"The Federal Office of Justice (FOJ) has also ordered the extradition of Camille's mother, in other words, her continued detention during the ongoing Swiss proceedings. We have appealed to the Federal Criminal Court in Bellinzona (TI)," said the abductor's counsel. The FOJ concluded that our appeal was rejected. We expect a lot from the decision of Bellinzona which could give back her freedom to my client". The chances of success seem slim. On the other hand, a victory would give a crucial signal: mother and daughter could continue their life in Switzerland legally. And, as a result, the extradition of the aeronautical engineer could be refused by the FOJ, omnipotent in this extraordinary kidnapping case.
The kidnapping of Camille Chauvet by her mother: their version contradicts that of the father
A new twist has just appeared in the case of Camille Chauvet, the 5 year old French girl abducted by her mother Priscilla 11 years ago near Toulon, and found last February 22 during the arrest in Morges, near Lausanne, of her mother, an engineer and officer in the French army.
The International Committee for the Dignity of the Child (CIDE-Lausanne) had access to several concordant sources on the facts denounced by Priscilla Majani and Camille, which contradict the version of the father, Alain Chauvet.
The mother and her daughter are the subject of an extradition request by France for child abduction, but as of April 7, no decision has yet been made by the Bernese federal authorities. An audiovisual testimony of Priscilla and little Camille, dated 2014 during their flight, and available to CIDE, was given to the Justice of the Peace of Morges, in charge of the civil case in this matter.
Faced with the denials of Alain Chauvet, accused by the mother and Camille of incest on the girl, Priscilla maintained her statements before the sources of the CIDE, as well as the girl, and recounted the dysfunctions, according to her version, of French justice in this case.
The CIDE has deemed it useful to report on the media outburst against Priscilla based on Alain Chauvet's one and only version of what he described as "lies".
In 2011, Camille is the subject of an alternating custody with both parents, in the process of divorce. On January 5th, when she returned from her father's house, the little girl revealed to her mother the sexual violence she had been subjected to, with details that a child of this age cannot invent. Priscilla then reported to the police station in Hyères (Var).
On January 6 and 7, Camille was interviewed twice in audio-visual (procedure known as Melanie) by the police officers and confirmed her statements. On the evening of the 7th, the officer in charge of the file, mandated verbally, according to him, by the deputy prosecutor, announces to Priscilla that she can keep her daughter in front of this context.
But the mother never obtained a copy of this decision despite her repeated requests.
On January 17, Camille suddenly confided in her mother and grandmother, and revealed other sexual atrocities committed by the father according to her. Priscilla, "collapsed" according to her own words, filed a complaint with the police the next day.
On January 21, the police officer already mentioned announced to Priscilla that the case had been dismissed by the judge, as the facts "had not been established" after the hearing of the father, to whom she was ordered to return the child that evening. On the advice of her lawyer, the mother demands a written decision of the judge, and keeps her child.
She never received the document, she says.
On February 24, she tells us, "two policemen jumped over the door of my garden, knocked on the door and threatened to break it down if I did not open it. Her lawyer, contacted, advises her to open the door, as the policemen had indicated that it was an audition.
Taken to the police station, she was taken into custody. They took my fingerprints, including my palms," she says, "my DNA, and I was put in a cell. Handcuffed, the police officers then drive me in a car at high speed, flashing lights on, to a psychiatrist. This one, unpleasant, puts the fault on me. I am driven back to the station, and I spend the night in a cell without cover. The next morning, an angry policeman told me that my mother had disappeared with Camille and that she would be prosecuted for child abduction. But I still officially had custody of my daughter.
"Taken handcuffed to the court of Toulon, I am received by the deputy of the prosecutor, who orders me an obligation of care and the handing-over of Camille to her father. The judge of freedoms and detention (JLD) confirms these instructions and summonses me to a court hearing on March 29 for "non presentation of a child".
"Released under judicial control, I concluded that there were serious problems in the judicial system of the Var, and I had to protect my daughter. This is how I found myself in hiding with her, to the detriment of my career in the army, without resources, but waiting for honest authorities to do their job responsibly.
Priscilla is currently detained in a prison near Lausanne, and her daughter has been placed in a home. A meeting took place on March 18 in Morges between the father and mother and their lawyers with the justice of the peace. Camille was not present, and would not have liked to meet her father.
Would Pandora's box be opened in France? Shortly after the revelations of Camille Kouchner, just after the scandal around Claude Lévêque, here is now the Louvin & Moyne case. Gérard Louvin, director of the entertainment part of TF1 and his husband, Daniel Moyne, are both accused of abuse on Louvin's nephew when he was a child. This is not the first time that Gérard Louvin has been publicly accused of pedophilia. Indeed, in 2017/2018, the famous TV presenter Olivier Chiabodo, publicly accused of having knowledge of "vice on minors" within the channel TF1. Following these accusations, Chiabodo confided to several media that Gerard Louvin would have threatened him with death, making the following remarks: "You should be careful, trucks drive fast in Paris". In just a few weeks, revelations are pouring in from France. We can only congratulate the victims for finding the necessary strength to finally make the truth rain down on the abuses against children committed with impunity for so long.