It’s the story of a little mouse… chewed alive to amuse the gallery. The scene takes place on September 8, on Prado beach in Marseille, during a student party. One of the participants brought her pet mouse, an animal that accompanies her everywhere. During the evening, a student in a prep class, very alcoholic, shouts to everyone “film me, I’m going to eat it”. About ten party-goers gather around him. Hilarious, they chant in chorus “put it”, implying “in your mouth”. The young girl worries but a friend reassures her: he will never do it. He is wrong. The student swallows the mouse, chews it, spits it out, then picks it up from the ground and puts it back in his mouth. In a few fangs, the animal is dead. Shortly after, he broadcast his misdeed on Instagram. In a few hours the video went viral and there was widespread indignation.
Three students – the one who chewed the mouse, the one who filmed it and a third who broadcast the images – must be tried this Friday before the Marseille criminal court. The author, who is appearing for “act of cruelty leading to the death of an animal”, faces up to five years in prison and a fine of 75,000 euros. The case could, however, be subject to referral: given the number of civil party associations, the time slot dedicated to this trial risks being too short. “This is a particularly emblematic case, we are facing extraordinary abuse,” underlines Me Xavier Bacquet, the lawyer for the 30 million Friends Foundation. He has been defending the association for thirty years, but he recognizes that cases like this are “fortunately” rare.
“I was considered the advocate of crushed dogs”
The case, however, almost was resolved far from the courtrooms: a preliminary admission of guilt procedure (CRPC) was, initially, chosen. In this type of procedure, which aims to unclog the justice system, the prosecution proposes a sentence to the defendants; if it is accepted, a judge validates it in a public hearing. Here, the young man who ate the mouse was sentenced to a fine of 1,000 euros and a lifetime ban on keeping an animal. On the day of approval, the associations did not hide their anger, both because of the proposed sentence and by the choice of this relatively confidential procedure. But an extremely rare occurrence: the judge refused the sentence, considering that a trial before a criminal court was necessary.
“It’s a sign that things are changing,” assures the lawyer. In the beginning, I was really seen as the advocate for crushed dogs, it was difficult to get a sympathetic ear, I was made to feel like it was secondary. Today, this is less the case. » Lawyer Isabelle Gharbi-Terrin, also specialized in animal causes and present in the “mouse” case, remembers the “snickers” and the “rolled eyes” when she started working on the subject in 2017. “Things are changing, we are starting to realize that this is, nothing more and nothing less, violence against vulnerable beings. »
Convictions on the rise
In recent years, reports of acts of animal abuse have increased significantly. In 2021, the police and gendarmerie services recorded 12,000 offenses targeting animals. This is 30% more than in 2016. Convictions follow the same upward curve: 635 in 2019, 937 in 2021. “This echoes society’s expectations, there is real awareness. We no longer accept what was once tolerated. The media coverage of the cases is proof of this,” insists Franck Rastoul, public prosecutor at the Aix-en-Provence Court of Appeal.
In his former jurisdiction, in Toulouse, the magistrate created, in 2022, the first specialized “Environment and animal abuse” center to improve the handling of these cases. Because the subject is broad: dog fighting, animal trafficking, doping in the equestrian environment, living conditions and slaughter in slaughterhouses… “Mentalities have changed, we can no longer consider this as a minor or minor offense. second zone,” he insists. In police stations and gendarmes, “animal causes referents” have been set up. A specialized brigade was also created in 2022.
“There is an educational virtue in the trial”
The penalties incurred have also been increased in 2021. From now on, acts of mistreatment are punishable by three years of imprisonment – compared to two previously – five if the animal is dead. Being the owner of the animal is an aggravating circumstance, as is committing these acts in the presence of a minor. “The penalties are increasing but above all they must be adapted,” continues magistrate Franck Rastoul, who insists on the effectiveness of penalties such as confiscation or the ban on keeping an animal.
Animal abuse rarely lands its perpetrators behind bars, unless it is repeated or committed among other crimes. Me Isabelle Gharbi-Terrin believes she can count prison sentences on the fingers of one hand during her career. The last time was against a man who burned his dog’s back and then gouged out his eye. “Recently, I saw a court issue a committal warrant against a man who had allowed the dog in his care to starve to death. It was unthinkable just a few years ago,” adds Mr. Xavier Bacquet.
But he assures us, even before the pain, what drives him is awareness. “There is an educational virtue in the trial. That’s why I was so keen on the mouse thing. I want these three students to understand what they did. That it can’t be a game to kill a mouse with your teeth. »