Six years' prison for rape and assault of a minor in Luxembourg
A 32-year-old man has been sentenced to six years' imprisonment, three of which are suspended, for the rape and assault of a 15-year-old girl who was four months pregnant.
Six years' prison for rape and assault of a minor in Luxembourg
The 13th criminal chamber of the district court of Luxembourg imposed a six-year custodial sentence on a 32-year-old man, three years of which are suspended. He was found guilty of rape, assault, and threats against a 15-year-old girl who was carrying his child. The convicted man must also pay €5,000 in compensation to the victim.
Police arrested the accused in a café on 25 April 2025, following a call from the adolescent's father who reported a fresh assault. The father, armed with an iron bar, was taking matters into his own hands when officers arrived at the family home, but the perpetrator had already fled. His arrest took place shortly afterwards.
Eight days earlier, law enforcement had already been mobilised at a railway station in the south of the country. According to the minor's account, the man had approached her whilst she was talking with an acquaintance. After a calm exchange, he had raised his hand as if to slap her. A passer-by intervened, causing him to fall, before a railway security officer ended the incident and evacuated those involved.
Outside, the man in his thirties pursued the girl and her companion, blaming them for the altercation. He punched her in the face, then pinned her against a wall, pushing her repeatedly whilst striking her in the stomach, before delivering a headbutt.
The security officer alerted the police. The adolescent was taken to hospital with contusions, haematomas, and swelling. Witnesses and video recordings subsequently confirmed her account.
At the emergency room, doctors discovered a pregnancy of four months' duration. The girl identified her attacker as the father of the unborn child. He had already made threats earlier in the month, promising to kill her if he ended up in prison because of her.
The second assault, reported by the father, took place in a railway underpass during a chance encounter. The man had struck the minor in the face with his bare hand and fist, then delivered another headbutt. He subsequently threatened to kill the adolescent and her friend — seen with her at the station a few days before — if their relationship was revealed.
The court found the defendant guilty of statutory rape, assault occasioning bodily harm, and threats. Luxembourg law does not permit a minor under 16 years of age to consent to a sexual act; penetration therefore constitutes rape, whether with consent or not, regardless of the use of force.
The judges considered as an aggravating factor the fact that the victim was pregnant and that the accused was aware of this at the time of the offences. The blows had resulted in bruising, haematomas, and swelling.
A psychiatric expert established that the defendant suffered from pre-existing neurological and psychiatric disorders, which may have impaired his perception of social norms and his self-control. The expert nevertheless ruled out complete criminal irresponsibility. The judge accepted diminished responsibility, reducing the sentencing scale for statutory rape of a minor from ten to fifteen years to five to ten years.
The expert recommended outpatient psychiatric care or psychotherapy, as well as targeted addiction treatment. However, the convicted man's hostility towards these measures cast doubt on their effectiveness.
The court also emphasised the absence of genuine remorse and the defendant's attempts to minimise his role. He initially denied the rape allegations, then admitted to sexual relations whilst claiming he was unaware of the girl's actual age.
As a mitigating factor, the magistrates noted that the relationship arose from a friendly contact and that the relations had appeared consensual, whilst recalling that this circumstance has no legal bearing.
The three-year suspension is conditional on a set of obligations during a probationary period of seven years: psychiatric monitoring, submission of medical certificates, anger management therapy, and engagement in professional activity.
An appeal may be lodged within forty days. The presumption of innocence remains until a final decision is handed down.
Source: Luxembourg Times
Source: Luxembourg Times