The Ukrainian court considered the participation of the rapist of a minor in the ATO as a mitigating circumstance
A native of the Zhytomyr region was found guilty of raping a minor in an unnatural way, but was not sent to prison, recognizing his participation in the ATO as a mitigating circumstance.
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Corresponding The verdict was handed down by the Ivankovsky District Court of the Kyiv Region.
The incident occurred back in June 2015: a serviceman went to a store in the village of Mlachevka to buy beer. On the way, he saw an acquaintance who was sitting in a gazebo with another man, and there were four girls there. The guys decided to get to know them and talked for some time, drinking low-alcohol alcoholic drinks. Then one of the girls suggested going to a cafe in the neighboring village of Radinka. The other two refused and went home, the third also wanted to leave, but the men began to persuade her to stay, and then the serviceman put her on his shoulders and carried her to the car, in which they went to the cafe. There the company continued communicating: they drank beer, vodka and coffee, and danced. Around two o'clock in the morning everyone went back to Mlachevka. When everyone began to go home, the serviceman volunteered to escort the girl he liked. She agreed, but on the way the man threw her to the ground and raped her in an unnatural way.
The accused did not admit his guilt: he did not deny the fact of sexual intercourse, but assured that everything happened by mutual consent. However, this was categorically denied by the victim, who turned out to be a minor, and in addition, the testimony of witnesses rather confirmed her, not his story. Also not in favor of the accused were the results of a medical examination, which established that there were signs of a struggle on both the body of the victim and the body of the accused. In addition, the examination established that the victim was a virgin before the rape.
Based on the totality of evidence, the court found the serviceman guilty of a crime under Part 2 of Art. 153 of the Criminal Code of Ukraine (satisfaction of sexual passion in an unnatural way). He was sentenced to four years in prison, taking into account that during the investigation he spent a year behind bars in a pre-trial detention center. However, given that the accused had not previously been convicted, as well as the fact that he was a participant in the tune. “Anti-terrorist operation” in Donbass, they decided to release him from serving his sentence with a probationary period of two years.
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