The Permanent Criminal Court of Nicosia imposed a sentence today, 23.4.2021, in the case no. 19632/2019, to a 52-year-old man who was found guilty following a hearing on four counts of child sexual abuse.
The decision:
The first three concerned a violation of Article 6 (4) (a) of the Law on the Prevention and Combating of Sexual Abuse, Sexual Exploitation of Children and Child Pornography, Law 91 (I) / 2014 and were directed against XX, while the fourth concerned a violation of article 6 (3) of the same Law and was directed against ΨΨ.
According to the findings of the Court as shown in the decision dated 9.4.2021, XX was born in the year 2004. The Accused, at the time in question, was a friend of XX's father, and was living with her mother ΨΨ, who is about the same age as XX.
The two families had a good relationship while the two girls, XX and D, became good friends.
During the summer of 2016, XX's mother was absent abroad. XX together with her two minor brothers were under the care of their father, but they were also taken care of by the Accused and his partner, due to their friendly relations. The relationship of XX and her brothers with the Accused was close, while he also had an advisory role towards them, in addition to the general care he offered them.
Between June and August 2016, the Accused took all the children, namely XX and her siblings, and ΨΨ, for a walk in an area of the Nicosia District and during the time he was left alone with XX, when ΨΨ remained in the car and XX's brothers moved away a little, the Accused kissed XX in the mouth (1st category). She prevented him by pointing out his age and the indecency of such an action. At the same time, the Accused used to take all the children for a driving lesson in an old village stadium in the province of Nicosia. XX's brother and ΨΨ could drive on their own. XX, due to her height, could not sit alone, when the Accused put her at his feet. In two cases, while XX was sitting at the feet of the Accused, he, after coming to an erection, put his finger through her underwear and inserted it into her genitals (relevant categories no. 2 and 3). After the first such incident, XX noticed blood on her underwear. While it was considered that it was a menstrual period, the bleeding stopped, and XX started menstruating in 2018. After an examination of XX, after the complaint, an old rupture of the hymen was found.
In the year 2017, XX entered the home of the accused to visit ΨΨ, when, without being noticed, she saw the Accused kissing ΨΨ, his partner's daughter, while he was in his bedroom and he was wearing only his underwear of (4th category).
XX revealed the above facts first to her older sister and later to her mother, in October 2019, when the investigation of the case began, which led to the registration of the present case.
Sexual offenses, in themselves, cause disgust and disgust. However, in cases where physical, moral and social rules are violated and the victim is a minor, the above emotions are maximized.
These were pointed out by the Criminal Court, which during the imposition of a sentence emphasized the seriousness of the offenses, which arises both from their nature and from the punishment provided by law. It also follows from the case-law referred to by the Court, in cases of sexual offenses, the penalties imposed should be severe and dissuasive, in view of their particular seriousness as crimes which are directed against morals but at the same time offend and destroy personality of the victim.
It is a finding of the Criminal Court that unfortunately the offenses of child sexual abuse are on the rise, despite the severe penalties imposed by our Courts. This also demonstrates the need for even more severe and dissuasive penalties.
Given the seriousness of the offenses for which the Accused was found guilty, during the imposition of the sentence, the Criminal Court took into account his action against ΨΨ, daughter of his partner, to whom he had the position of father, and his repeated action against of XX, who was only 12 years old and while he had a position of trust and influence in her since he was a family friend, a good friend of her father and the person who provided care for her during the disputed period, when her mother was absent abroad.
For the benefit of the Accused, his white criminal record as well as his personal circumstances were taken into account. However, as the Criminal Court pointed out, all the above mitigating factors, although taken into account, can not neutralize the deterrent character of the sentence in the present case, due to the particular seriousness of the offenses, as explained in detail in the decision.
The Criminal Court imposed sentences as follows:
- In the 1st category, a prison sentence of 3 years
- In the 2st category, a prison sentence of 7 years
- In the 3st category, a prison sentence of 7 years
- In the 4st category, a prison sentence of 3 years
The Court ordered that the sentences be served and that in accordance with the provisions of Article 117 of the Law on Criminal Procedure, Chapter 155, the sentence include the time of detention of the Accused.
Source: Sigmalive