This is one of the most anticipated trials of the year 2024. Initially announced for next spring, the trial of the Mazan rape case could ultimately be held much later, according to information from Provence And France Blue Provence. As a reminder, in this extraordinary case, 49 men were indicted. The majority are accused of raping a woman at her home, in the small village of Mazan in Vaucluse. The men abused them while she was unconscious, drugged by her husband who was filming the scene. Her husband is also concerned in this case.
The trial was initially planned, although without certainty, for next spring. But the Avignon prosecutor’s office would have revised its calendar for several reasons. In this case, several defense lawyers have filed appeals for cassation, like Me Isabelle Crépin-Dehaene. “The main offense charged says that there was rape, an act of sexual penetration by coercion due to chemical submission,” explains the lawyer. But the administration of a substance was also considered an aggravating circumstance, even though it is either one or the other. This is why we filed a cassation appeal which, quite logically, puts stones in the machine. » A difference in qualification which makes sense for the lawyer: if she wins her case, her client faces ten years in prison, compared to fifteen today.
A priority question of constitutionality
Others also contest the form that this trial could take. “The code of criminal procedure provides for individualization of sentences,” recalls Me Guy Guenoun. My client does not accept being judged alongside around fifty people he does not know because there will be no individualization of sentences. The judges will have around fifty cases before them which they will judge at the same time. » Procedures before the Court of Cassation which can take time and slow down the procedure.
“All appeals must be exhausted so that the debates can be held peacefully,” believes the husband’s lawyer, Me Béatrice Zavarro. If the debates have to be postponed for this reason, that is a good thing. »
Another element is also slowing down the procedure. “A priority question of constitutionality (QPC) has been transmitted to the constitutional council and is being studied,” adds Me Isabelle Crépin-Dehaene. This question concerns the departmental criminal court which is the body considered in this case, and not the assize court. » These new kinds of jurisdictions, due to the absence of a popular jury, are causing debate. According to the lawyer, the deliberation of this QPC is scheduled for November 15.