{"id":3594,"date":"2023-02-14T16:57:46","date_gmt":"2023-02-14T15:57:46","guid":{"rendered":"https:\/\/www.obadiastasi.com\/sophie-obadia-i-hope-the-echr-will-say-that-this-way-of-approaching-the-victim-is-inadmissible\/"},"modified":"2024-03-09T19:04:57","modified_gmt":"2024-03-09T18:04:57","slug":"sophie-obadia-i-hope-the-echr-will-say-that-this-way-of-approaching-the-victim-is-inadmissible","status":"publish","type":"post","link":"https:\/\/www.obadiastasi.com\/en\/sophie-obadia-i-hope-the-echr-will-say-that-this-way-of-approaching-the-victim-is-inadmissible\/","title":{"rendered":"Sophie Obadia: “I hope the ECHR will say that this way of approaching the victim is inadmissible.”"},"content":{"rendered":"

The<\/span> “36 quai des Orf\u00e8vres” affair<\/span> is not yet over. The European Court of Human Rights (ECHR) will examine the application lodged by Emily Spanton, the Canadian tourist who accused two police officers from a prestigious Parisian police force of rape.<\/p>\n

The ECHR will must answer<\/a> to the following question: with regard to European Convention<\/a> of human rights, has France lived up to its commitments “obligations to adopt and effectively enforce criminal law provisions to criminalize and punish all non-consensual sexual acts”.<\/i> ?<\/p>\n

Emily Spanton believes that the French authorities have not ensured “effective repression of these crimes without secondary victimization”<\/i>. In her view, the Court of Appeal’s verdict of acquittal was “unsatisfactorily”<\/i> reasoned and produced a “secondary victimization”<\/i>. A verdict against which she had no right of appeal.<\/p>\n

“There will never be a new trial.<\/i> On the other hand, we’re aiming for compensation for Emily Spanton and for France to be condemned,”<\/i> says her lawyer, Sophie Obadia, who, along withMe<\/sup> Paul Mathonnet, filed the petition with the ECHR in August 2022. The criminal lawyer is delighted to have passed “this first stage” <\/i>: “It’s a very good signal.<\/i><\/p>\n

The plaintiff can use her “secondary victimization”<\/i> to get France convicted. In concrete terms, the aim is to determine whether the authorities have behaved correctly, irrespective of the respondent’s guilt.<\/p>\n

For Emily Spanton’s lawyer, this concept of “secondary victimization” <\/i>is “totally accessible”<\/i> in her client’s case, given the “unprecedented and inadmissible”<\/i> way in which she was allegedly treated.<\/p>\n

In a case of sexual violence, I’ve never seen the intimate life of a victim worked on to such an extent, or his or her word questioned to such an extent<\/i>,” says Sophie Obadia. The investigation was provided, but essentially on the victim’s environment, her living habits, why she wasn’t liked in Canada, why she changed jobs, etc.”<\/i><\/p>\n

The lawyer hopes that “the ECHR will say that this way of approaching the victim is inadmissible”<\/i> and that the Court will question the motivation adopted by the French justice system “<\/i>. while Emily Spanton was in a state of advanced intoxication”. “In other countries, the vulnerability observed and measured is a huge index.”<\/i><\/p>\n

Read the article on Mediapart<\/a><\/p>\n<\/div><\/div><\/div>

<\/span><\/mask><\/g><\/g><\/clipPath><\/filter><\/defs><\/svg><\/div><\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":2,"featured_media":2987,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[],"class_list":["post-3594","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-non-classifiee"],"yoast_head":"\nSophie Obadia: "I hope the ECHR will say that this way of approaching the victim is inadmissible." - Obadia Stasi avocats<\/title>\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\t\n\t\n\t\n