21 May 2014

Dili District Court sentences defendant to 8 years in prison and orders him to pay compensation in case of sexual abuse against a minor

ETLJB 21/05/2014 - JSMP has released the English translation of its report on a case in the Dili District court involving the sexual abuse of a minor. The text of the English translation follows:

On 05 May 2014 the Dili District Court sentenced a defendant to 8 years in prison for committing the crime of sexual abuse against a minor, who was aged 11 years old, and ordered the defendant to pay compensation of US$ 250 to the victim.

The public prosecutor alleged that on 23 September 2011 in Aileu District, at approximately 10am, the defendant grabbed the victim, covered her mouth, removed her clothes and committed sexual violence against the victim.

The defendant committed this act when the victim went by herself to get some water from a well that was located a long way away from the victim’s house. These actions had a huge impact on the physical and psychological health of the victim.

"JSMP observed that in cases involving the sexual abuse of a minor, normally the court does not order the defendant to pay compensation to the victim. JSMP believes that in cases of like this it is really important to provide restitution to the victim in the form of compensation because both the victim and her family were severely damaged as a result of the defendant’s actions. Therefore, JSMP really appreciates the decision to include compensation for the victim," said the Executive Director of JSMP, Luis de Oliveira Sampaio.

The public prosecutor charged the defendant for violating Article 177 of the Penal Code on the crime of sexual abuse of a minor.

The court found that the facts presented to the court had been proven and that the defendant had committed sexual abuse against the victim, as stated by the victim and witnesses.

The witnesses testified that they saw the defendant commit sexual violence against the victim and when they saw the incident they yelled at the defendant and he became afraid and ran away.

After examining all of the facts presented during the trial, the court then decided the matter and sentenced the defendant to 8 years in prison and ordered him to pay compensation of US$ 250.

The case was registered with the court as Case No. 644/2012/TDD. The hearing was presided over by a panel of judges, comprising Ana Paula Fonseca, Hugu Pui and Zulmira da Silva, The public prosecution service was represented by Gloria Alves and the defendant was given legal representation by the public defender Rui Guterres. Source: SMP Press Release 07 May 2014

No comments: