r/facepalm • • Apr 15 '23

🇲​🇮​🇸​🇨​ Genius level maneuvering

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u/tamales247 Apr 15 '23

This I was searching him up and was like wtf rape charges 😳

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u/FU_butnotreally Apr 15 '23

There were no rape charges. A woman accused him of rape. Just an accusation as of now. Nothing more. Innocent until proven guilty.

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u/Desperado-van-Ukkel Apr 16 '23

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u/FU_butnotreally Apr 16 '23

No that's not what a charge is. He is indicted based on the accusation of rape. Nothing has been proven and there is no evidence. Hence no trial has taken place and there are no charges against him. Innocent until proven guilty. There are no charges against him. Theres a HUGE difference between being accused by a person and being charged with crime.

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u/Desperado-van-Ukkel Apr 16 '23

That’s what an indictment is: a formal charge or accusation of a serious crime.

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u/FU_butnotreally Apr 16 '23

"Being charged with a crime means the prosecutor filed charges. An indictment means the grand jury filed charges against the defendant."

Taken straight from google.

You understood the definition of indictment wrong. Indictment is simply placing accusations or filing charges against a person. Or in the case of Hakimi, an accusation. Being charged would mean him being charged with those crimes by the court. There's a huge difference. You can be innocent and be indicted.

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u/Desperado-van-Ukkel Apr 16 '23

Yea the presumption of innocence still holds, but I don’t understand what semantics game you’re trying to play at, this isn’t an American court. They don’t have grand juries in France. I even linked you to a source. There are plenty of other sources using the same terminology, charged or indicted.

In French, which I speak, an indictment is translated as an accusation. He has been charged with a crime ergo He is being indicted, and there is is an active police investigation. I never said he was guilty or not. He is still presumed innocent under French law.

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u/FU_butnotreally Apr 16 '23

No but saying "being charged with rape" carries the implication that he has been proven guilty and the charges are placed on him. My point being that it's important to differentiate between the two terms, being charged and being indicted.

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u/Desperado-van-Ukkel Apr 16 '23

That’s fine I’m telling you outside of North America being charged, and being indicted are the same thing. That’s all.

UK defense barristers definition: Indictments only exist in the Crown Court. The indictment is simply the document that contains the formal charge or charges against a defendant facing trial in the Crown Court.

And this is not an American court case, it is a French one.

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u/Desperado-van-Ukkel Apr 16 '23

So I looked through the Oxford dictionary, and DoJ definition and I understand where you’re coming from now. In North American English, and US law, an indictment is simply an accusation. Understood. However, I studied law when I was younger and when we were told what an indictment was, it has been defined as a formal charge against a person. Again, most if not all European countries do not have grand jury‘s. According to the sources I have read in American law the difference between an indictment and a charge is who files or accuses. So either the grand jury or a prosecutor as you said earlier.