Court of Final Appeal Orders New Trial in Academy of Fine Arts Sexual Assault Case
In a sexual assault case at the Hungarian Academy of Fine Arts dormitory, the Court of Final Appeal has quashed the final acquittal judgment and ordered a new trial. According to the victim's lawyer, public pressure lay behind the decision.
Court of Final Appeal Orders New Trial in Academy of Fine Arts Sexual Assault Case
In a sexual assault case at the Hungarian Academy of Fine Arts dormitory, the Court of Final Appeal has quashed the final acquittal judgment and ordered a new trial to be conducted – according to a report by RTL News, which has also been covered by 24.hu.
The case dates back to 2021: a female student at the university reported a male fellow student for allegedly engaging in sexual relations with her without consent at the dormitory. The court later acquitted the defendant on the grounds that the victim did not demonstrate the degree of physical resistance that, under current law, would have been required to establish sexual assault. The verdict sparked widespread student protests, and revision of the legal regulation regarding consent has also been placed on the agenda.
The Budapest Chief Prosecutor's Office initially accepted the acquittal, then – reversing its earlier position – filed a petition for review with the Court of Final Appeal. The highest judicial body determined that sexual assault could have been established on the basis of the first-instance judgment, and therefore ordered a new trial.
The victim's lawyer, István Keviczki, told RTL that the first-instance court had not properly evaluated the part of events when the defendant began sexual relations with the sleeping victim.
"That is in fact an act committed against a person incapable of defending themselves, and in that sense it automatically qualifies as assault," Keviczki said.
According to the lawyer, the prosecutor's office changed its position only due to public pressure. "They accepted the first-instance judgment, but such public outrage developed that they decided they should reconsider their position," said István Keviczki.
Regarding a possible amendment to the Criminal Code, RTL contacted the Ministry of Justice, but the ministry has for now requested time to respond.
Source: 24.hu