- On the illegal collection of personal data;
Whereas it follows from article 431-19 of the penal code that whoever collects
personal data by fraudulent, unfair or unlawful means is punished by imprisonment
on one to seven years and a fine from 500,000 francs to 10,000,000 francs or one of
these penalties;
Whereas in this case, it results from the objective elements of the file a video on
which one could see xxx having sexual relations with xxx,
That it is constant as resulting from the detailed declarations of the parties that the
accused has, without the consent of the civil party, filmed the intimate relations they
had;
That the accused, heard by the investigators, claimed to have "filmed with his cell
phone ... and threatened her not to interfere with his relationship with his girlfriend";
That the named xxx affirmed with certainty that when she questioned the defendant,
he declared that "xxx wanted to destroy his relationship with his girlfriend and that's
why he paid someone to make videos of intimate relations with the latter to take
revenge on her”;
Whereas it should be noted that the constitutive elements of the offense of unlawful
collection of personal data are met in this case insofar as the existence of the video
is not contested; that moreover, the accused filmed with his telephone and that
without the knowledge of the civil party;
That these images in question constitute personal data;
That it therefore befits to declare the accused guilty on this count;
- On rape.
Whereas it emerges from article 320 of the penal code that any act of sexual
penetration of whatever nature, committed on the person of another by violence,
constraint, threat or surprise is a rape; Whereas it is constant as resulting from the
documents of the procedure that xxx filmed with his telephone the sexual relations
which he had with xxx;
That in order to have sex with her whenever needed, he threatened to divulge the
video on social networks;
Whereas it should be noted that it is under duress that the accused succeeded in
maintaining sexual relations with the civil party;
That the act of penetration is sufficiently established and that xxx was obliged to
accept at the risk of seeing the video disclosed on social networks;
That the accused admitted, at the preliminary investigation, to have filmed the said
intercourse to dissuade her from interposing in his relationship with his girlfriend;
That thus the constitutive elements of the offense of rape are sufficiently proven;
That it befits to declare the accused guilty of this offense;
-
On the penalty
Whereas it emerges from the provisions of article 05 of the code of penal procedure
that in the event of commission of several offenses, on the heaviest penalty is
pronounced;
Whereas in the instant case, the accused was declared guilty of the offenses of illicit