Slovak Republic, Supreme Court, Decision No. 6/1984, File No. 3 To 3/28

Ms. L.G. (the Aggrieved) a mentally disabled female, under the age of 15, was forced into sexual intercourse with A.G. (the defendant).  The district court found the defendant guilty of attempted rape, even though the defendant had confessed to a number of facts during the police investigation and the trial including knowledge of the fact that the Aggrieved was under the age of 15 and the fact that he took advantage of the Aggrieved party’s mental condition and fully knowing that she would not resist, proceeded to rape her.  The district court´s decision relied on the testimony of an expert witness who examined the condition of Ms. L.G., and concluded that no sexual intercourse had occurred due to the undamaged status of the hymen. The Prosecutor appealed the decision to the Supreme Court, which quashed the decision of the district court and found the defendant guilty of rape.  The defendant had exploited the vulnerable nature of Ms. L.G., and the fact that she was under the age of 15.  The defendant also knew that Ms. L.G. would not resist him, as a result of her mental state, as evidenced by submissions from a number of experts.  The decision did not consider the status of the claimant’s hymen, since the defendant´s penetration was proven.  The Supreme Court sentenced the defendant to 8 years in a correctional facility. 



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