Saturday 18th September, 2021
At approximately 7:15am, while quietly eating my food at the corner of rue Coq Heron and rue du Bouloi, 75001, under the sun shades of L’imprimerie Restaurant, a man approached me – the second one that same morning and both unknown to me; the first man said something to me in French that I did not understand and I ignored him with intention, so he left but this second man began loitering around me sneaking his way closer each time. Then leaning on the restaurant window within an arms-reach of me, he said ‘if you suck my d**k I’ll give you 20 bucks’ …someone told him ‘I’m very experienced!’
The last time I heard those words were at the first district police station on the 2nd of January, 2021, out of the mouth of a police officer I thought was my friend, who was attacking Florian’s interest in me – see the previous post:
I was shocked because I haven’t touched another man, other than my husband since departing Australia (to travel Europe), and that’s by my own choice. I don’t know where he got his information from? …but it was certainly NOT through experience!
Then he tried to put his hands on me by force, I stepped back to give myself adequate striking distance and reached for the baton mounted on my back and hit him only at half strength just to warn him, striking him at the ankles causing him to fall to the ground. I could have finished him right there but I didn’t really want to hurt him, I just wanted him to leave me alone and I certainly WAS NOT going to allow him to put his hands on me.
He refused to move from the ground so I dragged him by the collar away from my belongings where he initially fell and I demanded he leave the grounds of the restaurant immediately. Then he suddenly rose to his feet limping and came at me again while trying to access something from him bag (it may have been a knife but I cannot say for certain because I didn’t give him the chance to pull it out), I struck him a second time with the same half-strength aiming at his knees this time to disable him for continuing his attack. He fell for the second time holding his knee tight. I warned him that if puts his hands on me, the next strike will be to his head and a lot harder, that it might actually kill him; and that if I see him again, I will consider pressing charges for his disgusting language and degrading behavior, which under the new laws of the Civil Code, constitutes harassment that the police can now action.
I alerted the police on duty who drove past half an hour later but it wasn’t me who called them because I don’t own a mobile phone, who indicated that a police report was not required, as there was no legal problem with me using my baton in self-defense against what constitutes, a sexual attacker.
This is another demonstration of how my husband, who is at fault (for Domestic Violence born of his infidelity and further discontinuing the rent forcing me into homelessness for seven years…) has endangered my life and breached my human rights to HUMAN DIGNITY, SECURITY and INTEGRITY OF A PERSON…
Furthermore, taking into consideration the following information from the Civil Code (…an extension will be requested to include the endangering of my life throughout the seven years of involuntary homelessness):
Art. 220-1: (Act no 65-570 of 13 July 1965) Where one of the spouses fails seriously in his or her duties and thus imperils the interests of the family, the"family; causes judge" (Act no 93-22 of 8 Jan. 1993) may prescribe any urgent measure which those interests require…
(Act no 2004-439 of 26 May 2004 ) Where the violence practiced by one spouse endangers his or her spouse… the judge may rule on the separate residence of the spouses, specifying which of the spouses shall continue to dwell in the conjugal lodging. Save particular circumstances, the enjoyment of this lodging must be attributed to the spouse who is not the author of the violence…
The duration of the other measures taken under this Article must be determined by the judge and may not exceed three years, including a possible extension.
References:
UNIVERSAL DECLARATION OF HUMAN RIGHTS:
· CHAPTER 1, ARTICLE 1, THE RIGHT TO HUMAN DIGNITY
· CHAPTER 1, ARTICLE 3, THE RIGHT TO INTEGRITY OF A PERSON
· CHAPTER 2, ARTICLE 6, RIGHT TO LIBERTY AND SECURITY
· CHAPTER 3, ARTICLE 20, EQUALITY BEFORE THE LAW
· CHAPTER 4, ARTICLE 33, FAMILY AND PROFESSIONAL LIFE, THE RIGHT TO LEGAL,
ECONOMIC PROTECTION…
The Civil Code of France: Translated by Georges ROUHETTE, Professor of Law, with the assistance of Dr Anne ROUHETTE-BERTON, Assistant Professor of English.
Art. 220-1: (Act no 65-570 of 13 July 1965) Where one of the spouses fails seriously in his or her duties and thus imperils the interests of the family, the"family; causes judge" (Act no 93-22 of 8 Jan. 1993) may prescribe any urgent measure which those interests require…
(Act no 2004-439 of 26 May 2004 ) Where the violence practiced by one spouse endangers his or her spouse… the judge may rule on the separate residence of the spouses, specifying which of the spouses shall continue to dwell in the conjugal lodging. Save particular circumstances, the enjoyment of this lodging must be attributed to the spouse who is not the author of the violence…
The duration of the other measures taken under this Article must be determined by the judge and may not exceed three years, including a possible extension.
Art. 228
(Act no 75-617 of 11 July 1975).-The tribunal de grande instance exercising civil jurisdiction has exclusive jurisdiction to rule on divorce and its consequences…
Art. 229
Divorce may be decreed in cases either:
- of mutual consent; or
- of acceptance of the principle of the breakdown of the marriage; or
- of irretrievable impairing of the marriage tie; or
- of fault.
SECTION IV
Of Divorce for Fault Articles 242 to 246 Art. 242:
A petition for divorce may be presented by a spouse where facts which constitute a serious or renewed violation of the duties and obligations of marriage are ascribable to the other spouse and render unbearable the continuance of community life.
Art. 246
Where a petition on the ground of irretrievable impairing of the marriage tie and a petition on the ground of fault are presented concurrently, the judge shall rule first on the petition on the ground of fault…
Art. 248
(Act no 75-617 of 11 July 1975)
Hearings on the ground, on the consequences of divorce and on provisional measures may not be public.
Art. 251
A spouse who makes an application for divorce shall file, through a counsel, a petition with the judge, without stating the grounds for divorce.
Art. 257
(Act no 75-617 of 11 July 1975)
As soon as the originating petition has been lodged, the judge may take emergency measures… He may also, as a safeguard of the rights of a spouse, order any protective measures…
Art. 262-1
A divorce judgment takes effect in the relations between spouses, as regards their property: where it is handed down for acceptance of the principle of the breakdown of the marriage, for irretrievable impairing of the marriage tie or for fault, as from the date of the ordonnance de non-conciliation. At the request of a spouse, the judge may backdate the effects of the judgment to the date when they ceased to live together and collaborate. That request may be brought only on the occasion of the application for divorce. The enjoyment of the conjugal lodging by one single spouse keeps a gratuitous character until the ordonnance de non-conciliation, save judicial decision to the contrary.
Art. 262-2
(Act no 75-617 of 11 July 1975)
Any obligation contracted by one of the spouses on the responsibility of the community, any transfer of community property made by one of them within the limit of his or her power, after the originating petition, shall be declared void where there is evidence that there was fraud on the rights of the other spouse.
Art. 270
Divorce puts an end to the duty of support between spouses. One of the spouses may be compelled to pay the other a benefit intended to compensate, as far as possible, for the disparity that the breakdown of the marriage creates in the respective ways of living. This benefit shall be in the nature of a lump sum. It shall take the form of a capital the amount of which must be fixed by the judge.
Art. 271
A compensatory benefit must be fixed according to the needs of the spouse to whom it is paid and to the means of the other, account being taken of the situation at the time of divorce and of its evolution in a foreseeable future. For this purpose, the judge shall have regard in particular to:
- the duration of the marriage;
- the ages and states of health of the spouses;
- their professional qualifications and occupations…
- the estimated or foreseeable assets of the spouses, both in capital and income…
- their existing and foreseeable rights;
- their respective situations as to retirement pensions.
Art. 274
The judge shall settle the details according to which a compensatory benefit in capital must be implemented among the following forms:
1° Payment of a sum of money, the divorce judgment being made subject to the establishing of the guarantees provided for in Article 277;
2° Allocation of property for ownership or of a right of use, dwelling or usufruct, temporary or for life, the judgment operating a forced transfer in favour of the creditor…
Art. 276
…the judge may, by a special judgment setting out the grounds on which it is based, fix the compensatory benefit in the form of a life annuity. He shall have regard to the factors laid down in Article 271.
Art. 210
Where the person who must provide maintenance establishes that he cannot make periodical payments, the"family causes judge"(Act no 93-22 of 8 Jan. 1993) may, with full knowledge of the facts, order that he shall receive in his home, feed and maintain the one to whom he owes maintenance.
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