Why Wissam Ben Yedder’s rape trial referral was quashed on appeal | OneFootball

The court of appeal in Aix-en-Provence has quashed the order sending Wissam Ben Yedder and his brother Sabri for trial for alleged rape and attempted rape, cancelling their referral to the Alpes-Maritimes criminal court.

According to L'Équipe, the ruling, issued on Thursday, overturned the 3 November indictment order and went against the prosecutor general’s submissions at the 22 January hearing.

The case began in summer 2023 after complaints from two hotel interns, identified as Louise and Ambre, who said they met the brothers at Saint-Laurent-du-Var, then went to a flat in Beausoleil where the alleged offences occurred.

While the investigating judge had spoken of a trap and of joint moral and psychological coercion, the appeal judges found the brothers consistently claimed consent and that CCTV showed no visible discomfort as the women entered.

They noted pre-encounter messages revealed a desire for group sex, not a declared intent to abuse, and that a purported coded alert between the women did not trigger panic or a hurried departure.

Reported gestures and an absence of verbal opposition in at least one scene could suggest consent, the court said, and behaviour such as breaking a glass or hitting a wall reflected frustration not directed at the complainants.

In another incident in a bathroom, with no objective witness, one woman’s account of insistence alone was deemed insufficient. Defence lawyers welcomed the decision, and the prosecutor general has 10 days to consider a cassation appeal.

Source: L'Équipe