Seven-year sentence for rape of niece at family gathering in Magnesia — Larissa Court of Appeal decision
The Mixed Jury Court of Appeal of Larissa has convicted a man to seven years' imprisonment for the rape of his niece at a family gathering in Magnesia in 2009.
Larissa Court of Appeal: Seven years' imprisonment for rape of niece at family gathering in Magnesia
Twelve years after the incident in question and five years after the complaint was filed, the Mixed Jury Court of Appeal of Larissa issued a conviction decision by majority for the rape of a niece by her uncle. According to Dikastiko.gr, the court found the defendant guilty by a vote of 6–1 and sentenced him to seven years' imprisonment by a vote of 5–2.
The 2009 incident and the long journey through the courts
The victim testified that the rape occurred in the summer of 2009, during a family gathering in a village in Magnesia, in a room of her grandmother's house. She claimed that sexual abuse by her uncle had begun when she was five years old, in the 1980s — events that had already been subject to statute of limitations.
In 2000, the victim had reported these incidents to a priest, who conveyed them to her mother. Her mother did not pursue a complaint with the authorities at that time. The decision to file a complaint came in 2021, prompted by a telephone call to her father's house: the victim discovered that the defendant was beside her then-ill father, and then decided to resort to justice exclusively for the 2009 incident, as the previous ones had been subject to statute of limitations.
The defendant denied all involvement
In his defence, the defendant denied the charge and claimed that on the day of the disputed family gathering he was not present at the table. This claim was corroborated in their testimonies by his daughter, his brother and his wife.
When the court asked him to explain why his niece would have had a motive to lie, the defendant invoked family rivalries among cousins. "I cannot understand why she made the complaint," he stated.
Prosecutor: "There was no motive for false testimony"
Central to the evidence-gathering process, according to the prosecutor, was the credibility of the complaint. "In our assessment, the victim had absolutely no motive to testify falsely and to incriminate him," he stated characteristically.
The prosecutor also highlighted the testimonies of witnesses who had been informed by the victim herself of the rape: her then-partner, her mother — who confirmed that the defendant was in the village on that day — and her brother. Furthermore, the victim's current partner also testified, who reported what she had confided in him before the formal complaint in 2021.
"Immediate disclosure to her then-partner demonstrates that she did not fabricate false facts. The testimonies are interconnected and emerged through a sequence of events," the prosecutor emphasised. He characterised the testimonies of the defence witnesses — regarding the defendant's absence from the family table — as unreliable, and rejected the claim of family rivalries as contrary to the logical sequence of events. "The complaint is true and he must be declared guilty," he said in conclusion.
The decision: seven years, mitigating factor of good conduct
The majority of the Mixed Jury Court followed the prosecutor's proposal of guilt, with the exception of one juror who voted for acquittal due to doubts. On the question of sentence, two jurors proposed six years' imprisonment — the same as the prosecutor's proposal — whilst the majority decided on seven years.
The decision was unanimous on the recognition of the mitigating factor of good conduct for a relatively long period after the act. By contrast, the mitigating factor of previous honest life was unanimously rejected.
Source: Dikastiko.gr / larissanet.gr
Source: Dikastiko.gr