Domestic violence: disproportion between the attack and the response

The incidents date back to October 2015. TR, a young teenage girl, aged sixteen who was at her father’s house that day, refused to obey him. Earlier in the day, her father had picked her up at Friar's Bay beach when she had neither asked for permission to go there nor informed anyone that she was going. Back home, things grew tense between the father and his daughter as it often seems to be the case; the Court has effectively noted an authority issue. The half-brother, aged 20, also tried to make the teenager understand that she must listen to their father, who asked his son not to interfere. The father left the room, the brother and sister met, alone, in the hallway and blows were dealt. The brother, who was supposedly scratched by his sister, punched her twice in the face, breaking her nose and teeth. The young girl was then reported having said to her brother "you’re dead…" and he supposedly answered, "go fix your teeth first." Exchanges that show the violence which reigns in this stepfamily.

TR lives with her mother but regularly visits her father; her parents are indeed separated. More specifically, they have never lived together; TR was born as a result of an adulterous affair. Just shortly before this violent incident which brought them before the court, the relations between TR and her half-brother were good, explained the father who however was not able to explain this change in behavior. Three months earlier, a fight had already occurred between the two half-siblings but for which the consequences were not as serious as for the one above.

At the hearing, the two children were not present. The brother is in Metropolitan France for his studies, and the sister is at school. Two absences which prevent the court from judging the two protagonists for itself, particularly the physical stature of the brother. The judges will have an idea with the photos provided by the defense attorney, who indicates that he practices bodybuilding.

The court has also tried to understand the causes of this brutality, whether the girl often had an arrogant attitude. According to the father and his son, she indeed has a strong character. Her mother acknowledged that she is never at a loss for words.

On that day in October 2015, there seems to be no doubt that she provoked her half-brother by scratching him. Nevertheless, "The response was disproportionate to the attack", argued the Deputy Prosecutor Michaël Ohayon. He demanded a conditional sentence and a €400 fine.

The judgment has been adjourned until 19 May.