Mother sues French state over judicial inaction in Lyhanna rape case
The mother of an 11-year-old girl allegedly raped by Jérôme Barella, the main suspect in the Lyhanna disappearance, announced legal action against the French State for gross negligence, arguing that swift justice could have saved Lyhanna’s life.
A complaint left unattended
On 22 August 2025, a mother filed a complaint in Plaisance-du-Touch (Haute-Garonne) accusing Jérôme Barella of raping her daughter, then 11, at his home between September 2024 and May 2025. The child was interviewed five days later, and medical and psychological exams in September and October 2025 confirmed lesions compatible with rape. Yet by June 2026, nine months after the complaint, Barella had not been taken into custody and his phones were never seized.
We could have avoided Lyhanna's death if the people handling the case had done their job correctly.
The mother's legal offensive
On Tuesday morning, the mother – identified by the pseudonym Audrey – and her lawyer Pierre Debuisson held a press conference in Toulouse to announce three legal actions. A civil complaint for "faute lourde" (gross negligence) will be filed against the French State before the judicial court. A criminal complaint will target investigators and prosecutors. A separate procedure against Justice Minister Gérald Darmanin will be lodged with the Court of Justice of the Republic.
It is too easy to say that the state failed. Behind the state there are men and women who failed. Responsibilities must be determined.
Debuisson denounced "lazy investigators, real idlers" and magistrates who "work four times less than their colleagues", calling the moment an opportunity to "overthrow this system that does not work and reform the judicial institution".
A timeline of missed steps
After the initial complaint, the Toulouse prosecutor transferred the case to Auch in October 2025. In January 2026, the Auch prosecutor ordered investigative acts to be carried out by the Lectoure gendarmerie. However, according to Minister Darmanin, from 14 February 2026 there was "no more contact between the investigators and the prosecution". The investigation was still officially open when Lyhanna disappeared.
- Audrey files rape complaint against Jérôme Barella
- Daughter interviewed by police
- Medical and psychological examinations begin
- Toulouse prosecutor transfers case to Auch
- Auch prosecutor orders investigative acts
- No further contact between investigators and prosecution (per Darmanin)
- Mother and lawyer announce complaints against state and officials
The minister's response
Appearing before a parliamentary commission, Justice Minister Gérald Darmanin placed blame squarely on the Toulouse and Auch prosecutors. He stated that Barella's prior record had been logged in both prosecution and gendarmerie databases and that the medical and psychological evidence was conclusive. He dismissed any lack of resources, insisting the problem was one of prioritisation.
What we lack in this story is not new means, it is simply the prioritisation of complaints for rape.
Darmanin said he stands ready to propose sanctions, while an inspection that began on Monday in Toulouse is expected to establish facts.
