Rape charges against 28-year-old dropped as prosecutors say 11-year-old consented to sex

Rape charges against 28-year-old dropped as 11-year-old had 'consensual sex'

A 28-year-old man allegedly assaulted an 11-year-old (Stock image)

Thursday, September 28, 2017

Rape charges against a 28-year-old man in France have been dropped after prosecutors decided the 11-year-old girl consented to the act.

However many have criticised the prosecutors' decision as they claim a child of 11 cannot consent to sex, according to RT.

The decision to drop the rape charges mean the suspect is now only facing charges of sexually assaulting a minor.

If convicted of sexual assault the man, identified as Antoine, could face up to five years in prison and a €75,000 (£66,000) fine.

The child's mother alleges that her daughter, Sarah, agreed to go with Antoine to his apartment for what she thought were "kissing" lessons in April.

It is alleged that three sexual acts were attempted during their encouner. It is claimed they tried to have sex on the stairs, before being interrupted.

It is then alleged that the girl consented to oral sex in a lift before going to his apartment where another sex act took place.

After the incident Sarah told her mother what had happened and she filed rape charges. The mother argued that she wasn't mature enough to understand what was happening, thought it was too late to back out and wasn't able to defend herself.

However the prosecution said that because “there was no violence, no constraint, no threat, and no surprise" it couldn't be treated as rape.

The trial has now been postponed until February whilst a procedural issue is considered, although Antoine is not allowed to make contact with the girl.

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