Rape of an octogenarian in hospital, in psychiatry: the young accused is sentenced to 14 years of criminal imprisonment

Me Magali Fiol est l’avocate des enfants de la victime. L’avocat général, Dominique Sié a requis 18 ans de réclusion avec une peine de sûreté des deux tiers. Midi Libre – C.R.

La victime avait été placée dans le service psychiatrie de l’hôpital d’Alès, en octobre 2022. Elle était âgée de 83 ans.

The photo of the victim, Geneviève (name changed), an octogenarian, hospitalized in Alès was projected on one of the screens of the Gard departmental criminal court, this Thursday. Accused of having raped this vulnerable 83-year-old person, Lucas Henry, 25, a little lost, barely looked at her. In the photo, this octogenarian worn out by years of work, who raised 6 children almost single-handedly, has a tired face. Geneviève was one of the patients in the psychiatric ward of the Alès hospital.

“She was a lady who had a difficult life, describes Me Magali Fiol, the lawyer for the victim's children, present in the courtroom. The accused is trying to escape his responsibility. It is unbearable and difficult for this family. And it is abject and worrying. He attacked a defenseless lady.”

On the day of October 13, 2022, during the staff changeover meeting, Lucas Henry raped this octogenarian described as mute and lost since her arrival in this department. According to the accused, who was one of the patients and had just benefited from a lifting of his hospitalization, the old lady was consenting. He said it again and again during these two days of hearing.

18 years of imprisonment are requested

The attorney general, Dominique Sié requested 18 years of criminal imprisonment against the accused, with a two-thirds security period.

“He is totally responsible, affirms the magistrate. There is no diagnosis of mental disorders in him. But he is intolerant of frustration. His discernment was total. And he is totally responsible at the psychiatric level. His personality disorders have no impact. The gentleman knows that consent is required. He has the social codes. His ability to understand is normal. There is a slight mental retardation. But he has a normal ability to understand. He knew that she was old. And this woman had a haggard look. So there is rape on a vulnerable person. He was in sexual tension. There is this intolerance to frustration. Eight people he hit on in the department say so. For several days, he had been trying to have sexual relations."

"A proven intellectual deficiency"

The attorney general's requisitions shocked Me Joël Wolfs, the accused's lawyer. "There is this proven intellectual deficiency in this young man, the lawyer pleads. His criminal record does not show any convictions for sexual offences. And the intentional element is extremely doubtful. Nothing in this file allows him to understand the sentence requested. I ask you for a sentence that is understandable."

Lucas Henry is sentenced to 14 years of criminal imprisonment with a two-thirds security period. A sentence that is accompanied by socio-judicial monitoring for 15 years.