The Supreme Court upheld the first-instance decision of the Criminal Court, which had imposed joint prison sentences of 14 years on a 74-year-old from the District of Famagusta for sexual abuse of a child.
According to the facts of the case, on 20.2.2018 a police patrol approached a parked vehicle on a dirt road near the Famagusta-Larnaca highway. During the control carried out by the Police, it was found that the 74-year-old man was sitting in the driver's seat in the vehicle, while a minor from Moldova, who was only 17 years old at the time in question, was sitting in the passenger seat.
The 74-year-old then told the police "Inda you want all the time, in my relative my daughter jia was to take her to Ayia Napa jia I lost my way". A search of the 74-year-old's car turned up a tube of lubricant, jelly, and an ERVIAGRA package labeled in Turkish. The package in question was a medicinal product for which no marketing authorization had been issued, in accordance with the provisions of the Law.
The minor entered the police vehicle with her consent, where she was transported to the Ayia Napa Police Station. During the journey, he burst into tears and said that the real reason he had met the elderly man in his vehicle was to have sex for a fee, which, he said, had been happening for some time.
She also mentioned that she met the 74-year-old completely by chance, when she met him in the courtyard of the church in the village of Sotira, where she lived with her mother and sister. Initially, the elderly man gave money to both her and her sister, who are orphaned by their father, as they were facing financial problems. She then started transporting the minor to her school, while in November-December 2016 she followed him, without the consent of her mother, to Evrychos where she lived with him for a period of about 4 months. The sexual intercourse with the 74-year-old started when the minor asked him for money and he told her that in order to continue giving her money, she should have sexual intercourse with him. She surrendered, and the old man began to have sex with her for a fee. And when in some cases she did not succumb to his appetites, he would tell her "stay jamea penniless and penniless".
Following the above development, the 74-year-old faced a number of serious charges before the Larnaca-Famagusta Criminal Court, which mainly concerned sexual offenses against the minor.
The imposition of a penalty
Following a hearing, he was found guilty of the following charges:
"Seventh Category
CRIMINAL OFFENSE REPORT
Sexual exploitation of a child in violation of Articles 2, 7 (7) of the Law 91 (1) / 2014 on the Prevention and Combating of Sexual Abuse, Child Sexual Exploitation and Child Pornography, as amended to date.
CRIMINAL OFFENSE DETAILS
The accused, in the same place and time referred to in the sixth category, had sexual intercourse, that is, he had intercourse, through child prostitution, with I. C. from Moldova, date of birth x / x / 2001.
Ninth Category
CRIMINAL OFFENSE REPORT
Sexual exploitation of a child in violation of Articles 2, 7 (7) of the Law 91 (1) / 2014 on the Prevention and Combating of Sexual Abuse, Child Sexual Exploitation and Child Pornography, as amended to date.
CRIMINAL OFFENSE DETAILS
The accused, in the same place and time referred to in the eighth category, had sexual intercourse, that is, he had intercourse, through child prostitution, with I. C. from Moldova, date of birth x / x / 2001.
Eleventh Category
CRIMINAL OFFENSE REPORT
Sexual exploitation of a child in violation of Articles 2, 7 (7) of the Law 91 (1) / 2014 on the Prevention and Combating of Sexual Abuse, Child Sexual Exploitation and Child Pornography, as amended to date.
CRIMINAL OFFENSE DETAILS
The accused, in the same place and time mentioned in the tenth category, had sexual intercourse, that is, he had intercourse, through child prostitution, with I. C. from Moldova, date of birth x / x / 2001.
Thirteenth Category
CRIMINAL OFFENSE REPORT
Obscene attack on a woman, in violation of Article 151 of the Penal Code, Chapter 154, as amended to date.
CRIMINAL OFFENSE DETAILS
The accused on an unknown exact date around February 2016, in Famagusta, indecently attacked I. C. from Moldova, trying to open her legs and stroking her at the point of the genitals above the pants.
Fourteenth Category
CRIMINAL OFFENSE REPORT
Child sexual abuse in violation of Articles 2 and 6 (3) of the Law 91 (1) / 2014 on the Prevention and Combating of Sexual Abuse, Child Sexual Exploitation and Child Pornography, as amended to date.
CRIMINAL OFFENSE DETAILS
The accused in the same place and time as 13η The accused participated in a sexual act with a child, ie he tried to open the legs of I. C. from Moldova, date of birth x / x / 2001, and caressed her at the point of the genitals. "
The Criminal Court, with the detailed decision of the day. 6.9.2019, imposed on the Appellant the following penalties:
1. In 5η charge sentence of 3 years imprisonment.
2. At 6η, 8η and 10η category 10 years imprisonment in each category.
3. At 7η, 9η and 11η category 14 years imprisonment in each category.
4. At 12η charge of 6 months imprisonment.
5. At 13η charge no penalty.
6. At 14η charge sentence of 8 years imprisonment.
(note that in 13η The prosecution did not impose a sentence, as it stated that its facts were contained in the facts ofth category in which he imposed a sentence).
The Criminal Court ordered that all the above prison sentences be met, while it decided that the period of imprisonment should be reduced during the time that the Court of Appeal "was in pre-trial detention and / or detained under Article 117 (1) of the Criminal Procedure Code". Law, Chapter 155 ».
The rationale for the decision
As it was said, the 74-year-old was found guilty of serious charges based on the Prevention and Fight against Sexual Abuse, Sexual Exploitation of Children and Child Pornography Law of 2014, Law 91 (I) / 2014. According to the provisions of this Law, "child" means a person under the age of 18, while "age of consent" means the age below which sexual intercourse with a child is prohibited, and which is defined as the age of 17 years. At the time of the commission of all the offenses, the complainant was under 17 years of age.
Sexual freedom is a manifestation of personal freedom. Every adult has the opportunity to have sexual intercourse with persons he consciously chooses. Minors are in a critical process of shaping their personality. They have a reduced ability to perceive their rights and the consequences of their actions. As a result, they do not have the maturity to choose their sexual partners or the persons with whom they will have sexual activities. The above Law focuses on the protection of children. Those who commit crimes against children face severe penalties. In the case of sexual acts with a child which are committed through child prostitution, as provided by law, the sentence of imprisonment reaches 25 years.
The convicted defendant personally registered, on 12.9.2019, an appeal stating that "he was wrongly convicted in categories 7, 9, 11, 13, 14 and that the sentence is clearly excessive". Before us, the educated lawyer of the elderly man withdrew the appeal against the sentence on 15.2.2021, and thus only the appeal against the imposed sentences remained. For the offenses in which the 74-year-old was found guilty following a hearing (7η, 9η and 11η category), the Law, as stated, provides for a prison sentence not exceeding 25 years. It has been repeatedly emphasized that the maximum penalty provided by law is indicative of the extent of the seriousness of an offense, and this is something that the Courts must take into account when they are called upon to impose a penalty (Souilmi v. Police (1992) 2 AAD, 248 and Attorney General Petrou (1993) 2 AAD, 9). Of course, the Courts in the context of individualization of the sentence, are not based only on the maximum sentence provided by law but take into account the circumstances of the offenses, the personal circumstances of the perpetrators and in general any relevant mitigating or aggravating factor (Salaryand v. Police (2003) 2 AAD, 541). Here, unfortunately, it is not only the maximum penalty provided by law that is severe. The circumstances of the crimes committed by the Court of Appeal against the minor are particularly aggravating, with the result that the crimes he committed are classified in the category of extremely serious.
Here the Ephesian, after he managed to create a special relationship with the minor, helping her financially and otherwise how, he implemented his plan which was nothing more than harassing her in various ways. Around February 2016, and before she was even 15 years old, he attacked her obscenely, trying to open her legs, and caressing her genitals over her pants. He even promised her that he would give her more money if she agreed to have sex with him. His plan continued after he dragged the minor to escape, thus committing the crime of kidnapping a minor from legal guardianship (5η category). Specifically, he transported her illegally from the province of Famagusta to Evrychos to live and stayed with him for a long time. The reasons for the abduction and the stay in the same place are obvious. In Evrychos he had intercourse with her through child prostitution (7η category). In sexual intercourse with her through child prostitution, he came to the village of Avgorou at later dates (9η and 11η category). What emerges is that all the actions and the general behavior of the 74-year-old, had a single goal, to let the minor, with the lure of money and other benefits such as food, clothes, etc., continue to harass of.
Source: Sigmalive