He raped 15 years ago in Vushtrri, sentenced to 1 year in prison on bail

He raped 15 years ago in Vushtrri, sentenced to 1 year in prison on bail

The Constitutional Court of Mitrovica on 21 August of this year has issued a plea for a case of violation that took place on May 27th 2002, where it has sentenced the accused to 1 year in prison on bail. A 15-year-old minor girl from Vushtrri six days after the case happened has declared [...]

A 15-year-old minor girl from Vushtrri six days after the case occurred has claimed in the police that she has been forced into sexual relations.

In her statement the minor has said that the razor-chain N.I has threatened the minor that if she doesn't go she will cut her off.

He then forced her to have sex by saying that “is better to have relations with me than with all these other” by hinting at four other friends he was with. The minor is then forced to have sex with two more people under knife threat.

The event happened in a forgotten house in Vushtrri.

The Randa Crime Court in Mitrovica after reviewing the minor's statement after having conducted the examination of the Institute of Legal Medicine, documentation photos, as well as listening to witnesses L.R. and B. M, has taken the decision that indictees F.M. and F.F. be found guilty of committing criminal acts “sexual relations with the Violence”, based on Article 74 of the Kosovo Law, UNMIK laws, condemning him to a year in prison on condition if the same act is repeated in two years' time.

For this indictment, it has not complained or damaged, but the lawyer of the accused, F.M., arguing that there has been violations of the criminal procedure's provisions and misconception of the actual situation, demanding that the case be retriald.

The Court of Appeals has rejected this complaint and found that the Constitutional Court's ruling was fair and justified the extenuating form that the Court of First Stairs has taken on that the accused were many young men when they carried out criminal work while now having children and are employed and useful to society and no longer committed any criminal acts. The Appeals Court has estimated that the conviction pronounced against the accused by the First Court is in line with the intensity of the social risk of criminal activity and the degree of criminal responsibility.

From Article 74, score 1 and 2 from the Kosovo province's criminal right says:

(1) Anyone who forces a woman with whom he does not live in a marriage union, with force or threats to directly attack her life or body, or life or body, will be sentenced to one to ten years in prison.

(2) If the work from paragraph 1 of this article has resulted in severe bodily injury or death of the female or if the work is performed by some persons or in a particularly cruel or humiliating way, the chief officer is sentenced to at least three years in prison.

 

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