A girl who was raped by her stepfather, who received probation, appealed to the Constitutional Court

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The case concerns a man convicted of rape and the production of child pornography. The stepfather filmed the minor 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, so the Regional Court in Brno only reviewed the sentence. He suspended the originally imposed three-year prison sentence for five years.

The judgment is final. The Supreme Prosecutor Igor Stříž said that the legislation does not give him the possibility to appeal to the Supreme Court. Minister Blažek, on the other hand, filed a complaint for violation of the law, which is also being dealt with by the Supreme Court. “He came to the conclusion that, following the serious defects found in this criminal proceeding, an apparently disproportionately lenient sentence was imposed on the accused,” commented Vladimír Řepka, the spokesman of the department, on the minister’s reasons.

In the given procedural situation, however, he cannot cancel the judgment, his eventual statement would have only an academic nature.

Blažek filed a complaint in the case of a girl raped by her stepfather

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The girl’s representative, Marcel Jurčaga, recently told Seznam Zprávám that his client welcomed the complaint of the Minister of Justice. In addition, he announced a constitutional complaint.

“It is an untrodden path. The pitfall lies primarily in the fact that the Ús is basically reserved about interfering in the punishment of the offender to his detriment,” said Jurčaga. However, he relies on two recent decisions of the European Court of Human Rights, from which, according to him, it follows that symbolic punishments should not be imposed in the case of this criminal activity. “The condition is a symbolic punishment. If an adequate punishment is not imposed, the harm on the part of the victims will only worsen, even with the help of the state,” Jurčaga told Seznam Zprávám.

The Brno Regional Court justified the verdict by taking into account the perpetrator’s confession, a certain degree of self-reflection, and his obligations to the rest of the family and to the victim, to whom he should pay compensation. The court also stated that “the initial impulse for intimate sexual contact came from the victim.”

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According to the media, the victim attempted suicide after the verdict and is under psychiatric care. At the same time, the regional court assumed that her psychological damage is rather mild, with a positive prognosis. The case sparked protests, demonstrations were held for the rights of rape victims.

Statistics show that between 2016 and 2022, 643 people were convicted of rape, while 57 percent of the perpetrators left the court with a suspended sentence or a suspended sentence with supervision.

In February, MPs approved a redefinition of the crime of rape, which emphasizes any expression of disagreement in the sense of “no means no”.

Every fifth woman in the Czech Republic has experienced rape

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The article is in Czech

Czechia

Tags: girl raped stepfather received probation appealed Constitutional Court

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