Alan, 79, appeared on Tuesday, May 17th, in Foix court on charges of hitting the disabled woman who hosted him in Alzen, Areej. He was immediately sentenced and imprisoned for nine months.
It’s an odd story that the Correctional Court in Foix, Ariège, was forced to rule on Tuesday, May 17, 2022. In the defendants’ trunk, extracted from his cell, Alain, 79, is bald wearing a white polo shirt and a size small. Alain was released from prison in 2009 after the Tarn and Garonne Criminal Court in 2006 sentenced him to ten years in prison for rape and sexual assault of minors.
On his head, in his wheelchair and covered in bruises, his victim, suffering from two degenerative diseases, was still shocked by his onslaught. Alan has moved in with his victim to help him in his daily life for several years, in addition to the professional caregivers who visit him every day.
Request to connect a tablet
The coexistence would have deteriorated over the months, until the point of no return was reached on the evening of Friday 13 May. “The facts happen at about 11:30 p.m., the presiding judge begins. She is calling you because she wants to connect a tablet that no longer has a battery. You refuse, insist, refuse again and show violence in hitting her.” In his box, the defendant, his hand behind His back, straight like “I”, gives some facial expressions.
“The next morning, the chief continued, I called the gendarmerie around 11 a.m. and indicated that you had hit Madame and that you were going to the gendarmerie of Spherdon, which you do next.” This desire for the defendant’s surrender is nonetheless contested by one of the old lady’s caretakers. The chief asks, “At about 10 am, this caregiver arrives and finds out about the lady’s condition. This is where you confess to hitting her. Is the presence of this assistant that made that call or is it your remorse that drives you to give in?” without an answer He warned that eventually it would be the victim’s daughter who would insist on filing a complaint.
“The slaps were hard, I agree.”
Neighbor doctor examines the victim. Numerous bruises and bruises were detected on the arms and skull, and pains in the legs. The victim explains that in addition to beating with her bare hands, she would have been hit with blows from the remote control. “I gave her three slaps, the remote fell on her but I didn’t hit her with it,” defends Alan, before drowning in his explanations: ‘I gave her three slaps, but I didn’t hit her. The slaps were hard, I agree. But I was tired, she needed me’ 24 hours a day, I drove 130 kilometers the day before … The great stupidity I did was to slap her, I finally admit at least Accused. Who, voluntarily or otherwise, continues to raise raised eyebrows, nods though the head, even small smiles, during debates.
“I don’t want to see him anymore”
In his eleven years of cohabitation, Alan noted that this was the first time he had experienced violence. “Okay, I pulled her hair up once but it was for fun. She’s not a battered woman.” A psychological expert who analyzed the defendant’s personality while in police custody explains that in addition to his history of pedophilia, Alan has a “reckless and violent personality.”
In response to a question by the President during the hearing, the victim said, in a languid and poorly expressed voice, that Alan had had sexual relations until 2016, before she ended them. “Now I don’t want to see him anymore,” she said, as her lawyer relayed her.
Untold and unbearable facts
In his argument, Me Cavignac relies on the “unqualified” nature of the alleged facts. “We measure Madame’s disability rate, she can hardly speak, can’t defend herself during a two-hour episode. I ask you to compensate her with €3,000 in compensation for the damage she suffered and a ‘ban on victim contact’ the prosecution urges him not to” These are supposed but trivial facts. He finds A weak person goes to take advantage of him. There is a complete lack of awareness of the facts. I demand ten months in prison with continued detention and a ban on going to the victim’s house.”
In defense, Me Chapelat doesn’t have the easy part. “My client felt indebted to society and wanted to redeem himself by caring for the lady. He wanted to renew social relations but had been tired of the help given for more than five years. Both knew their market had reached breaking point,” he said, asking for a test delay, or a ban on contact with the victim. , the duty of care, the compensation of the victim or even the prohibition of appearing in Ariège.
For violence against a vulnerable person, Alain was finally sentenced to twelve months in prison, three of which were suspended on probation for three, an obligation to care, a ban on appearing at the victim’s home and 2,000 euros in compensation. Continued detention is required. Alan returns to prison for nine months.