Question juridique clé
Whether the use of scissors made the rape 'cruel' under Art. 190(3) CP
Solution extraite
Yes. Threatening the victim with scissors exposed her to serious bodily harm or death and caused particular physical and psychological suffering beyond ordinary rape.
Motifs extraits
The court interpreted cruelty restrictively but held that brandishing scissors at close range, threatening to stab the victim, was dangerous and disproportionate to what was needed to overcome resistance.