Domestic Violence Victim Wins Lawsuit Against French State for Trial Exclusion

A victim of domestic violence, Khadija was prevented from attending her ex-spouse’s trial in 2020. The woman had filed a complaint against him in 2017 for rape, acts of torture and barbarity. The case was referred to the Haute-Vienne Court of Assizes. However, the judicial authorities failed to inform Khadija of the trial date. She learned through the media that her ex-husband’s trial had opened in September 2020, as reported by BFMTV.

The plaintiff then alerted the court that the trial was taking place in her absence. But to no avail. The procedure went through to completion. Her ex-partner was sentenced to eight years in prison for acts of violence and acquitted of rape charges. Upon his release from prison in February 2024, the ex-spouse, who was in an irregular situation, was deported from French territory.

Prevented from appealing the judgment, Khadija eventually took the case to the Court of Cassation. In its verdict delivered in 2021, the court ruled in favor of the Moroccan woman, confirming the judicial malfunctions in sending out summons for the trial. On this basis, Khadija filed a lawsuit against the State for gross negligence. This Wednesday, the Paris court ruled in favor of the plaintiff, ordering the State to pay her 8,000 euros in damages.

"This unprecedented decision comes after four years of legal battle... By depriving her (Khadija) of the possibility to participate in the trial, the Court of Assizes deprived her of the restorative virtue of the trial, but also of a chance to have her aggressor convicted. Through this judgment, the Paris court establishes the importance of the victim in the criminal trial and the importance of the criminal trial for the victim," declared her lawyer, Pauline Rongier.