Gisèle Pelicot

[Biloute]

But from what I understand the trial will be judged by a jury rather than the 5 investigating judges.

That's right, but the judges retire with the ordinary jurors. Even jurists here complain that this anomaly leads to undue pressure by judges.
@Biloute English judges are drawn from the body of lawyers with more than 15 years' experience in practice. US judges are elected, with all that that implies!

We cannot prevent a judge, who is human after all, from having his own opinion. And, from that moment, we can assume that his judgment will be influenced and that he would try to influence the jurors who may be people totally ignorant of the laws.
Should they be replaced by artificial intelligence? Some French politicians are talking about it... But it risks being a long debate!
What is certain is that the fragile balance between the Legislative, Executive and Justice seems to be breaking in favor of the judges:
- see the quarrels with the Justice of Fillon, Trump, Le Pen, Sarkozy, etc...
- judges are looking, in the laws that have become too complex, for those that will allow them to lean in one direction or the other and are quick to create case law when it suits them

[Pathca]

Have you ever even been inside a court

[MAD87]

But from what I understand the trial will be judged by a jury rather than the 5 investigating judges.

That's right, but the judges retire with the ordinary jurors. Even jurists here complain that this anomaly leads to undue pressure by judges.
@Biloute English judges are drawn from the body of lawyers with more than 15 years' experience in practice. US judges are elected, with all that that implies!

We cannot prevent a judge, who is human after all, from having his own opinion. And, from that moment, we can assume that his judgment will be influenced and that he would try to influence the jurors who may be people totally ignorant of the laws.
Should they be replaced by artificial intelligence? Some French politicians are talking about it... But it risks being a long debate!
What is certain is that the fragile balance between the Legislative, Executive and Justice seems to be breaking in favor of the judges:
- see the quarrels with the Justice of Fillon, Trump, Le Pen, Sarkozy, etc...
- judges are looking, in the laws that have become too complex, for those that will allow them to lean in one direction or the other and are quick to create case law when it suits them

It's up to judges and advocates to explain to ordinary jurirs what the issues and law are. AI won't help. Time for the French system to simplify their laws and excise old, inapplicable provisions.
I gather there's now a move to introduce the concept of lack of consent into French rape law. Its omission speaks volumes!

[niemeyjt]

Am I correct in thinking that the concept of an age of consent was also a recent addition to French law?

[Blaze]

@niemeyjt The French justice system seems more concerned with trying to prevent incest than consentment/rape.

From this site :
https://www.justice.gouv.fr/actualites/ ... x-proteges
The law of 21 April 2021 states that an adult may not have sex with a child under 15 - this would be considered as rape. As regards incest, the age of consent is 18.

[Pathca]

Getting my head round the idea of consent for incest

[Blaze]

@Pathca Unbelievable isn't it. Actually I worded it badly : a child under 18 cannot give consent, so it would be rape. But what about protection for children in some sort of care or under the care of members of the clergy ? They have no protection after the age of 15 - if such offences ever came to light ...
The law doesn't go nearly far enough protecting minors - children under the age of 18. Who keeps blocking the raising of the age of consent and why ???