Le traitement processuel de la « parole » dans le procès d’agressions sexuelles

• Main Author: Jean Danet
• Format: Article
• Language: fra
• Published: L’Harmattan 2008-05-01
• Series: Droit et Cultures
• Subjects: criminal proceedings; perpetrator; sexual abuses; speech; victim
• Online Access: http://journals.openedition.org/droitcultures/308

The procedural constraints affecting the protagonists’ words in the proceedings concerning sexual abuse have become both less visible because of the practices and less  « legible » because of the evolutions of the procedural rules. In spite of these evolutions, the procedural norm still stages these words according to French procedural rules which, to-day, are subjected to a deep change between two systems: the one inherited from the inquisitorial model and a “contradictory” model requiring a due hearing of the parties. Nevertheless the judicial processes are never  « the words of one party against those of the other ». They only produce  « judicial words » as specific as the  « judicial truth » both by their production mode as by their scope of influence. Therefore these words must not be considered as sacred. And the judiciary should see to it both in the perpetrators’ interest as in the victims’ interest.