2024-07-22 15:55:01
It was established that in 2023 April 8 the accused VA, who worked as a taxi driver and was supposed to bring the accused home from the night club, took advantage of the victim’s helpless state due to intoxication from alcohol and a substance that was not precisely determined during the pre-trial investigation and raped her. It was stated that the intoxicated girl could not perceive the environment, the actions taken with her, and could not resist them.
During the court hearing, VA pleaded not guilty, stating that the relationship was consensual.
Although the accused did not admit guilt and claimed that the sexual relations took place by mutual consent, the court found that the case contains direct and indirect evidence that confirms that the accused committed a criminal act under the circumstances determined by the court.
“VA’s testimony that he had sexual relations with the victim by mutual consent is contradicted by the victim’s consistent testimony throughout the process and other data in the case and examined during the trial. It should be noted that the testimony of the accused about sexual relations with the consent of the victim is not confirmed by any material of the case. Meanwhile, the testimony of the victim that the sexual intercourse took place without her consent, taking advantage of her powerless state, is confirmed by the totality of indirect witness statements and written evidence,” states the judgment of judge Vaida Baumilė.
in 2024 July 22 the verdict found VA guilty of rape (Article 149 d. 1 of the Criminal Code), he was sentenced to a real 2-year prison sentence, and the victim’s civil claim for compensation for non-pecuniary damage was partially satisfied. The VA will have to compensate the victim 3,900 euros in damages and pay 770 euros to the state to cover the costs of secondary legal assistance.
The state prosecution was supported in court by the prosecutor of the Kaunas District Prosecutor’s Office. The verdict is not final and can be appealed within 20 days.
2024-07-22 15:55:01