The Bouches-du-Rhône Assize Court has retained the aggravating circumstance of homophobia, sentenced one of the two former soldiers to eighteen years of imprisonment. They had inflicted a ordeal on their victim in Marseille in 2017.
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“This verdict must serve as an example for any hateful person who tries to distill homophobia in our society.” Algerian militant LGBT, Zak Ostmane said he was “relieved” by the conviction, Wednesday May 18 by the courtyard Assizes of Bouches-du-Rhône, two former legionaries who, in March 2017, had inflicted a ordeal and rape in the room of a Marseille hotel. The kicks and fists punctuated with “dirty fagot!” And “dirty Arab!”, His tie on a chair with flags of cloth, his forcible confinement for thirty-six hours, the flight of his phone, his card Banking and a gold chain … All of this was recognized, admitted. But not the rape of which Graham Shrubb, a 35 -year -old Irishman, was the sole accused.
This burned head that the Legion had just returned for frequent fights and a high consumption of cocaine was sentenced to eighteen years in criminal imprisonment. For rape, as for violence, the Assize Court has retained the aggravating circumstance of homophobia – due to the sexual orientation of the victim – as invited by the lawyer for the SOS Homophobia association , which denounced a “rape of debasement”.
Two stories compete on the beginning of this closed camera violent at 3 e floor of a hotel frequented by the legionaries in permission where Zak Ostmane, met in a bar in the Old Port, had followed the two ex-militaries. Barely arrived, he just swallowed a first sip of beer when Graham Shrubb puts him ko with a punch. When he wakes up, he is raping him. Often agitated in the detainee box, Graham Shrubb opposes another version.
The Irishman explains his explosion of violence by advances that he would have made to him Zak Ostmane, one hand on the buttocks, an attempt to kiss him: “I do not like to be touched by men, I lost Control and I hit him. It was because of what I suffered in childhood. “Between 7 and 13 years old, the accused had been sexually abused by his boxing coach. “But then, why would he say that he was raped?” Asked the president of the Assize Court, Véronique Imbert. “All this is a big advertising operation. He wrote a book and he sought to advertise himself,” he retorts.
“I treated him with a fag but I am not homophobic “
On the screens of the Assize Court are displayed the photos of a Red Calvin Klein boxer, the one bore Zak Ostmane when he had been released after calling for help a crew of the municipal police passing through the street. An expert identified “spermatic fractions” by Graham Shrubb at the back of the underwear. Gold proof for Advocate General Christophe Raffin, who requested eighteen to twenty years’ imprisonment against this accused, described as “driving element of violence and author of the most serious facts”.
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