he proposed on the Internet to rape his 13-year-old daughter, reduced sentence for the ex-magistrate
Two years suspended prison sentence. Here is the sentence pronounced by the Court of Appeal of Besançon (Doubs) against a former magistrate of Dijon who had proposed to Internet users to rape his 13-year-old daughter. Justice has therefore been more lenient than at first instance, AFP informed the registry on Monday.
Vice-president of the Dijon court at the time of the facts, struck off from the bench, this father of three children had offered sexual relations with his daughter on libertine sites between October 2019 and June 2020, without however taking action.
A farm in the first instance
At first instance, the Besançon Criminal Court had sentenced the 57-year-old man to two years in prison, one of which is firm, for “instigation to the corruption of a minor not followed through” and for “instigation to commit rape and a sexual assault on a minor followed by no effect”. He had appealed.
In its judgment delivered Thursday, the Court of Appeal found him guilty on this first count, but acquitted him for the facts of “instigation to rape and sexual assault on a minor not followed by effect” in due to a problem of criminal qualification. She reduced her sentence to two years in prison, fully matched with the probationary sentence with obligation of care.
The case began in October 2019 when the user of a libertine site reported that a man offered to associate his daughter, then 12 years old, with sexual intercourse with his wife. The magistrate had also posted photos of his daughter in a swimsuit on the Internet.
He evokes “fantasies (…) never materialized”
Without a criminal record or addiction problem, the magistrate admitted to having written these messages but evoked “fantasies (…) never materialized”. His proposal had not been followed by action and his wife, also a magistrate, had been exonerated at the end of his police custody.
According to the defense, he had been general counsel during the assize trial of Pierre Bodein in 2007, shortly after the birth of his daughter, and had suffered “trauma” linked to this case. Bodein, a repeat offender nicknamed “Pierrot le fou”, was sentenced to life imprisonment for three savage murders and two rapes committed in 2004.
He was revoked by the Disciplinary of the Superior Council of the Judiciary (CSM) in July 2021, the heaviest disciplinary sanction that could be pronounced against a magistrate council.