• On January 7, 13-year-old Lucas committed suicide after months of harassment related in particular to his sexual orientation.

  • Four teenagers are being prosecuted for “school harassment”, an offense created last year.

  • A first hearing, called "guilt", will be held in the spring.

From the trial that is looming in the spring, Séverine expects above all an awareness.

“I want them to recognize, to make them think.

That they do not start again, especially, “insisted, during a press conference given on Monday, the mother of Lucas.

The 13-year-old committed suicide on January 7 after months of harassment at school, particularly related to his sexual orientation.

In the eyes of this bereaved mother, the insults, mockery and other harsh words were "the trigger" for her son's gesture.

In the sights of justice: four 13-year-old teenagers, two girls, two boys.

According to the public prosecutor of Epinal, Frédéric Nahon, during their police custody last week, the latter "only admitted having repeatedly made fun of their comrade".

The investigation nevertheless made it possible to establish that "the harassment had been able to participate in the passage to the act of the young Lucas", specified the magistrate.

Reason why all were returned to the juvenile court to be tried for “school harassment leading to the suicide of the victim”.

New offense

The choice to opt for this criminal route illustrates the exceptional nature of this case.

"In the majority of harassment cases, when the consequences are not as tragic as in that of young Lucas, it is the prosecutor's offices that summon the young people", and not the court, assures Laurent Gebler, children's judge and president of the Chamber of Minors at the Paris Court of Appeal.

Alternatives to penalties, such as citizenship courses, reparation or educational measures are generally put in place.

The offense of “school harassment having led to the suicide of the victim”, is punishable by ten years of imprisonment and 150,000 euros, half less when it comes to minors as for this case.

The tort was created in March 2022, but has seen relatively little use.

“We did not wait for the creation of this offense to prosecute minors whose behavior is suspected to have played a role in a suicide or attempted suicide, however, specifies the magistrate.

The difference is that they were usually indicted for harassment.

This is, for example, the choice made by the investigating judge in the Evaëlle case.

A few weeks after the suicide of the 11-year-old girl in 2019, three teenagers, as well as her French teacher, were prosecuted for "harassment".

“We see how young people have evolved during this period”

In the Lucas case, a first so-called “guilt” hearing will be set by April.

As its name suggests, it rules on the guilt - or not - of the defendants, possibly on damages, but not on the sentence.

This exceptionally short period is the consequence of the entry into force, in 2021, of the reform of criminal justice for minors, which profoundly modifies the procedure.

Pending this hearing, the judicial protection of youth (PJJ) will assess the situation of each of the four teenagers.

“We look at how the child positions himself in relation to the facts: is he in repentance, in awareness or on the contrary, does he show a feeling of injustice?

“says Laurent Gebler.

The position of the parents, the school level,

The objective of this evaluation is to make proposals for educational measures that the juvenile court judge can pronounce during the guilt hearing.

This can be an educational, therapeutic follow-up, remedial measures until the placement of the child.

During this hearing, the judge can also ask for judicial control to be put in place: a ban on contacting other members of the case, on appearing in front of the school where the facts occurred, for example.

This period, called probation, lasts between 6 and 9 months.

It is only at its conclusion that a second hearing on the sanction, this time, is organized.

“We see how these young people have evolved during this period, in what dynamics they find themselves”, specifies Laurent Gebler.

The magistrate can then impose sentences ranging from a simple warning to imprisonment.

“The priority for minors remains educational measures.

Sometimes these are combined with a criminal sanction.

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“They are just children”

If the trial will be held behind closed doors, due in particular to the age of the defendants, could the case serve as a trigger in the fight against school bullying?

Anyway, Lucas' mother hopes so.

During her press conference, she confided that she had no specific expectations about the sentence that could be pronounced against the four teenagers.

“They are only children, I do not wish them any harm,” she repeated, confident even considering doing prevention alongside them. 

The adoption of this new offense can also promote awareness.

"He clearly names things, it's more concrete for college and high school students than moral harassment or violence," notes the magistrate.

Miscellaneous facts

Lucas suicide: Four of the 13-year-old's comrades will be tried for harassment

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Suicide of Lucas: Minister Pap Ndiaye in tears in the Senate after the death of the teenager

  • Justice

  • School harassment

  • Bullying

  • Lucas