But it initially wasn’t charged that way. When the case first went to court in September, the man faced only charges of “sexual infraction,” a crime punishable with a maximum of five years in jail and a €75,000 fine. Under French law, a charge of rape requires “violence, coercion, threat, or surprise,” even if the victims are as young as the girl in the Montmagny case. When the case, initially postponed, went back to court in February, the man’s attorneys did not deny the sexual encounter but argued that the girl had been capable of consenting. “She was 11 years and 10 months old, so nearly 12 years old,” defense lawyer Marc Goudarzian said. Sandrine Parise-Heideiger, his fellow defense lawyer, added: “We are not dealing with a sexual predator on a poor little faultless goose.”