About a month ago, the case sparked protests, demonstrations were held for the rights of rape victims.
“The imposed sentence indeed appears to be disproportionately lenient, but it does not meet the legal conditions for filing an appeal, because it is imposed within the limits of the penalty rate established for the crime of rape, and a conditional suspension of such a sentence is generally permissible under the Criminal Code. Therefore, the punishment formally corresponds to the legal conditions, while the inadequacy of the punishment itself cannot be appealed,” said the Supreme State Attorney’s Office (NSZ).
The NSZ also reviewed the judgment from other points of view, namely whether it is burdened with such a defect that would allow the supreme prosecutor to file an appeal. According to the NSZ, there is no legal ground for appeal in this regard either. “The Supreme Prosecutor Igor Stříž thus came to the conclusion that there is currently no possibility of effectively overturning the regional court’s decision in the case in question,” NSZ said.
The case concerns a man who was convicted of producing and otherwise dealing with child pornography, abusing a child to produce pornography and rape. He filmed the girl during intimate intercourse, then forced her to have sex five times a week for almost a year and a half. He pleaded guilty before the District Court in Vyškov, the Regional Court in Brno could only review the sentencing verdict. He decided to suspend the originally imposed three-year prison sentence to five years.
According to the published rationale, the regional court took into account the perpetrator’s confession, a certain degree of self-reflection, and his obligations to the rest of the family, whom he would not be able to support from prison, and also to the victim, to whom he should pay compensation. “This is not a priori a rapist, a deviant or a sexual predator,” reads the judgment of the regional court, which also claims that “the initial impulse to intimate sexual contact came from the victim.” In its justification, the regional court described the case as a borderline one, when the convicted person can still be punished without the direct execution of a prison sentence.
The verdict attracted considerable attention, with many critics saying it was too lenient. The media reported that the victim attempted suicide after the regional court’s verdict and is under psychiatric care. The regional court was based on the assumption that her psychological damage is rather milder, with a positive prognosis.
The Ministry of Justice is also looking into the case, and has requested the entire court file. In certain circumstances, the minister can file a complaint with the Supreme Court for a violation of the law. However, in such a case, the court could only make an academic statement, which will be relevant for other similar cases, but will not change the outcome of the case. On the other hand, an appeal by the supreme prosecutor can lead to the annulment of the verdict by the Supreme Court.
The Pod svíčnem initiative fighting against domestic violence organized a collection for the girl, in which almost five million crowns were collected in a few days. The initiative will use the money primarily to ensure her housing and independent life.
2024-02-22 07:36:00