Home » News » Corinne Masiero nude at the Caesar. A crime of sexual exhibition as claimed by elected officials

Corinne Masiero nude at the Caesar. A crime of sexual exhibition as claimed by elected officials

This is one of the scenes that we will remember from this 46th Cesar Ceremony on March 12, 2021. In the midst of the coronavirus pandemic and while the world of culture suffers from multiple restrictions, actress Corinne Masiero stripped naked to protest against the situation of intermittent workers.

« No culture no futur », or “Make art Jean”, in reference to Prime Minister Jean Castex, was it written on the naked body of the actress well known to viewers for her role as Captain Marleau on France 3.

A dozen right-wing elected officials denounce this imposed nudity

But this shock action was not to everyone’s liking. A dozen right-wing elected officials alerted the public prosecutor to what they consider to be a “Sexual exhibition”. In a letter made public and dated March 16, the group of political figures denounces this imposed nudity “On the one hand to the public physically present in the performance hall and, on the other hand, to the viewers of the program”.

“Totally moved”

“I found this nudity in prime time totally inappropriate”, estimates, joined by Ouest-France, the deputy LR Julien Aubert.

Judging the ceremony “Pathetic”, he asserts that this act can therefore be punished by one year’s imprisonment and a fine of € 15,000. “Freedom of expression cannot justify everything”, deplores the elected representative on the right, believing that “The exhibition of Corinne Masiero’s naked body is in no way proportionate” and “The law must apply to everyone”.

“I hope to put justice in front of its responsibility and show that we cannot do just anything. We can very well send a political message without undressing ”, he continues.

The text, which has not yet received a response, is signed by several members of the Oser la France collective, a movement that wants to be a laboratory of ideas of the right such as the deputy LR Julien Aubert, the senator LR des Bouches -du-Rhône Valérie Boyer, or the mayor of Maisons-Laffitte, in Yvelines, Jacques Myard.

But can Corinne Masiero really be prosecuted by the prosecution following this letter?

“A lawsuit seems very improbable”, estimates Didier Rebut, professor of Law

“A priori, the constituent elements of the offense can be constituted. But this action was carried out in a process known as political protest. In this hypothesis, there is a balance to be found between sexual exhibition and freedom of expression. It is up to the judge to assess to what extent this act of sexual exhibition must be condemned or cannot be ”, poses Didier Rebut, Professor of Law at the University of Paris II Panthéon-Assas and member of the Club des juristes.

But case law does not seem favorable to prosecution, he adds. Following an action by Femen at the Grévin museum, a judgment of the Court of Cassation of February 26, 2020 felt that the exhibition of a woman’s breasts was indeed exhibition, but that to qualify it as an offense was a “Disproportionate interference with the exercise of freedom of expression”. An acquittal was then pronounced.

“The Court of Appeal holds that the mere display of a woman’s breast does not fall within the scope of the offense provided for in article 222-32 of the penal code, if the intention expressed by its author is devoid of any sexual connotation, does not aim to offend the modesty of others, but concerns the expression of a political opinion, protected by article 10 of the European Convention on Human Rights ”, then affirmed justice.

“However, this is very close to the facts that one could blame Corinne Masiero”, says Didier Rebut, who says to himself “Very skeptical about the possibility of applying this offense”, recalling that there was no obscene gesture. According to him, “A prosecution seems very unlikely”, because in this case, “Freedom of expression is an obstacle to the application of the offense of exhibition”.

Sexist accusations?

For her part, Corinne Masiero assumes and does not regret her gesture. “Giving a strong image has more impact than a brilliant speech”, she confided to our colleagues from the Parisian. “I received a tsunami of support from many people from the entertainment industry, the cinema and even spectators, including from abroad”, she continued, while the letter of the elected representatives of the right evoked that a “Certain number of viewers […] expressed their discomfort in front of such a spectacle “.

Without reacting directly to this action by Corinne Masiero, the Minister of Culture Roselyne Bachelot had simply stated on RTL that this evening had “Not useful to French cinema. The political rally side of this affair has harmed French cinema while French cinema is massively helped ”.

As for the Prime Minister, Jean Castex simply said on BFM TV: “It seems to me that there were perhaps better ceremonies. “

Finally, Corinne Masiero took up the accusations of sexism behind the people criticizing her action, which were numerous on social networks. “There were also sexist messages because we are in a patriarchal society: we must not show our heart … when we have passed 25 years and are not doing 36”, she said in Le Parisien.

In 2015, the author and trade unionist Sébastien Thiéry, had also appeared naked on the stage of Molières to denounce the fate of intermittent workers, without creating such a protest movement.

“It has nothing to do with sexism, this act of 2015 was linked to artistic expression because nudity referred to her piece, which is not the case with Corinne Masiero”, defends Julien Aubert.

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