In a trial before the Mixed Jury Court of the district of the Dodecanese Court of Appeals, accused of continuous rape, of sexual acts with a minor (minor seduction) who has reached the age of twelve but not fourteen years continuously and Kos, a 38-year-old Egyptian, who allegedly molested the unborn body of the 13-year-old daughter of his domestic partner.
The latter is even accused of synergy in these acts.
The background of the case is said to be as follows:
On April 29, 2021, the minor appeared voluntarily at the AT. Kalymnion and complained, in the presence of a child psychologist, that her mother’s partner had been abusing her for about three years and that her mother was aware of this fact and did not prevent him, as she was legally obliged, from continuing this behavior.
In particular, the parents of the minor came into conflict in the year 2019 while her mother had had an affair with the first accused.
The minor has been living since April 2019 with her mother, her two brothers and her partner, the first accused.
The father of the minor was living with his new partner in another house, he was not aware of his daughter’s daily life, as he is a sailor.
In the house where the accused lived, the victim and her two younger brothers kept a bedroom of their own.
The relationship of the first defendant with the minor initially appeared very good, substituting the paternal model.
However, after the first defendant gained the trust of the minor, he is said to have identified her vulnerability, due to the absence of the paternal model, and on an unspecified date, however, within the month of April 2019, when they stayed overnight in a house he maintained. , falling from the bed where he was sleeping with the second accused on a mattress on the ground, where the minor was sleeping, he abused her.
Furthermore, when the defendants, with the victim and her brothers, moved to a common roof and while the minor was alone in her room, at night, the first defendant entered and insulted her. His acts allegedly continued to escalate several nights since then and almost every day, when he had no business obligations and lived in their common home, he raped her.
The minor allegedly confessed to her father, the behavior of the first defendant, two years before accusing him. After the above report, her father noisily talked to her mother about what their minor daughter had entrusted to him, but the accused / her mother denied it.
Furthermore, her mother, having some doubts at first, one night when the first defendant was not in their bedroom, followed him to her daughter’s room, where she saw him without clothes from the middle of his body and below, interrupting him. in this way, before he molested the minor who came into a heated confrontation with him.
Despite the above incident, her mother’s refusal to believe the allegations of her minor daughter, continued and allegedly provided a fertile ground for the continuation of the illegal behavior of the first defendant, which she covered up.
The second defendant, despite her skepticism regarding the allegations of her minor daughter, allegedly, according to the allegations of the complainant, placed a latch on the door of her room, in order to prevent any illegal behavior of the first defendant against her. However, according to the allegations of the minor, the actions of the first defendant continued after the placement of the latch, after the defendant broke the door of her room after an argument.
Then, in April 2021, while the father of the minor was on a business trip, he was called by his partner, who told him that his daughter had reported the incidents she had reported to him in the past.
The minor complainant was examined by a gynecologist and it was found that her hymen had been ruptured.
Both defendants attribute the minor’s complaint to their persistent refusal to accept her affair with a 19-year-old and to the fact that he often wanted to stay out of the house with friends who did not approve.
The Trial Chamber found that none of the defendants provided a convincing reason for locking the juvenile’s room.
The allegation of the first defendant that it was placed on his own initiative, in order for the minor not to claim that he is abusing her, it was judged that he could not stand the torment of reason, as he stated, he escaped from the allegations of the accuser and he asked to go to the police and the hospital because he does not tolerate being accused.
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