France: Where rapists can attack one victim or hundreds but still face the same time in prison
Former surgeon Joel Le Scouarnec is accused of raping or sexually abusing 299 victims in France’s trial of its kind
A former French surgeon has been accused of raping or sexually abusing 299 victims in France’s largest-ever child abuse case.
Most of Joel Le Scouarnec’s alleged victims were his child patients and prosecutors say some of them were unconscious at the time. The 74 year-old has already told his four-month trial in Vannes that he committed ‘despicable acts causing harm beyond repair’.
But despite Le Scouarnec being charged with 111 counts of aggravated rape and 189 counts of sexual assault over a 25 year period, if convicted he would face the same prison sentence as if he faced a single charge.
What is the French criminal law on sentencing
French criminal law does not allow an accumulation of sentences, the appeals court in Rennes overseeing the case explained.
Spokespeople for the court told The Independent that the rule of non-cumulative sentences is a French criminal law principle, which has its origins in the 18th century.
This means that sentences of the same nature cannot be cumulative – so when a person is found guilty of several offences during the same proceedings, only the sentence relating to the most serious offence can be imposed, according to article 132-3 of the French criminal code.
What does this mean for the Le Scouarnec trial
If found guilty Le Scouarnec faces up to 20 years in prison, which is the maximum penalty for one charge of aggravated rape in France.
This is the maximum sentence, no matter the number of convictions.
The appeals court in Rennes added that Le Scouarnec faces an additional sentence of 20 years of “socio-judicial supervision”, which involves rehabilitating a perpetrator back into society with the support of social services and under the supervision of the judicial system. A prison sentence of seven years can be imposed for non-compliance.
Le Scouarnec is already serving jail time for earlier rape convictions after being found guilty of sex crimes on two previous occasions. If he is convicted in the ongoing trial, then the two sentences would run concurrently.
Will there be a change to the law?
The French constitutional court indicated in 1982 that the rule of non-accumulation of penalties for crimes is “a principle of legislative value”, according to the Rennes appeals court. There is currently no proposal to change the law.
Marie Grimaud, a lawyer representing some of Le Scouarnec’s alleged victims, told reporters before the hearing on Monday: “My clients don’t expect anything from Le Scouarnec.
“In France, whether you rape one child or 300, it’s the same sentence. My clients are only hoping to find some dignity, humanity and consideration from the justice system.”