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That the boy had been raped many times was not reported to the police by his mother until four years later, when he, who was not yet fourteen years old, attacked his brother with a knife in a fit of aggression and anger; At the hospital to the doctors, the boy admitted that he felt angry and wanted to hurt because a few years ago he had a false brother performing sexual acts.
The false brother is the child of the child’s father’s partner. He is now nineteen years old, but he categorically denied that he had sexually abused a minor when he had lived with his father for about a year.
Neither the forensics nor the psychiatrists had any doubts that the minor had been sexually abused – they said the minor was reluctant to talk about past experiences, but during the consultation, intense reactions of shame and disgust are observed when talking about abuse.
“The victim’s emotions, the reluctance to tell the facts, as well as the story itself, show that he told real events,” said the specialist who contacted the minor. According to her, although it has been more than a year since the abuse, the child still feels the effects.
“The victim may have been severely affected by both sexual abuse and physical abuse, as well as the abandonment of the victim,” he emphasized.
At that time, the expert, in contact with the minor, found that the child does not tend to invent things and does not fantasize, he describes the circumstances in a realistic way, and when asked about sex, he reacts with great sensitivity, which shows your negative experience.
“When talking about abuse, the child was referring to a specific person, he was talking about specific events,” said the expert. – I saw the reactions of the avoidance victim, disgust, he said he wanted to forget everything, he was not happy, his reactions were appropriate. The victim has had very strong emotional reactions to the abuse, given his reactions, and I have no doubt that the victim has experienced what he is talking about ”.
He also hinted that when communicating with the minor he learned that although some time had passed after the use of sexual abuse, the boy, although not in contact with his abuser, still listened to his voice, dreaming at night.
“The victim is an abandoned child with many grievances, does not trust adults and has been physically abused,” said the expert.
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Prosecutors who conducted a pre-trial investigation at the time and referred the case to court found that the minor had been sexually abused between 2013 and 2015 when she was temporarily housed in her father’s home. According to officials, the abuse was reported to the police only in 2019, but after examining all the circumstances, it was established that a minor has been sexually abused at least ten times.
The boy also recounted this during an interview with an examining magistrate in the presence of a psychologist.
On the criminal case: “Before the investigating judge, the minor victim demonstrated that while he was a third party and lived with his father, his fake brother had told him to do dirty things, he had told him to suck. What to suck will not tell you, you have to understand. He said, “Come here.” Then they would call him to his parents room and he would lie on the bed without the panties on, and he (the little boy) had to do the thing, he told him to suck. It had to be done because the parents did not feed it. So a fake brother gave him a sandwich, giving him two euros for the first time. If he hadn’t agreed, he didn’t know what would have happened. It felt bad. This was done once a week or two weeks, lasting over a year. I don’t know how many times there were in all, maybe fifteen, maybe a little less. He didn’t tell anyone because he was afraid no one would believe him. When he was already living with his mother, he told her. When he lived with his father-in-law, he was beaten and abused ”.
The boy also admitted that the fake brother threatened to calm down if he told someone, “Then there will be an end for you.”
The fact that the minor had been sexually abused was also confirmed by his brother, who at that time also lived in the house of the father and stepmother, where the children were housed after the parents’ divorce when the mother began to abuse the child. alcohol. It is true that the father of the children did not drop the bottle.
The brother of the sexually abused minor told the investigating judge: “While my father was going into town with his stepmother, the fake brother would call my brother into the room and lock himself there, after which he said that he was being abused there. As for the abuse, the brother did not say, but he was so pale as if he was nauseous. If the brother did not go, the false brother would take him and take him away. It was done every week, three times a week, lasted about a year and about 15 times. “
Both children had later told their mother about this, but she did not believe it, but when the children were returned to her, the staff of the Children’s Rights Service told her about the abuse of the son in his father’s house. Only this one couldn’t help anyone. Not only that, she said that a long time has passed, the child has no evidence, so nothing can be proven.
For sexual abuse of a minor, a false brother was prosecuted at the age of majority. However, he categorically denied that he had turned the boy into his own sex toy.
During the trial, he said that officials did not even investigate the version that the victim “may have suffered certain experiences or even abuse by others.” In addition, it pointed out that the testimony of the victim’s brother “is vague and illogical and cannot be trusted.”
“It is only a possibility that I did the actions mentioned in the prosecution’s indictment, but other people could have done it, especially since the victim was drunk and did not take care of the child when he lived with his mother before moving to his father’s house. . the alleged crime was reported only four years later, “said the man, who is now 19 years old.
At that time, the Kaunas Regional Court, after analyzing the data from the criminal case, stated that there were no doubts about the sexual abuse that was carried out against the minor and that it was the minor’s false brother who did it. For orally exploiting nine years, the court sentenced the man to five years in prison.
But the convict appealed against this conviction to the Lithuanian Court of Appeal. The judges who heard his complaint had no doubts about the guilt of the convict, but questioned whether the rapist, who had justifiably ruined the life of the minor, was being sent to a penitentiary.
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Since the convicted person had committed the crime several years ago, he was no longer convicted (although a criminal case for breach of public order was dismissed, he was acquitted), although administratively sanctioned, the judges did not become his way of life and that came at the age of majority with a disposition not to break the law ”.
Therefore, the judges of the Lithuanian Court of Appeal decided to mitigate the sentence imposed on the convicted person: to postpone the five-year prison sentence imposed for three years. If a man commits a crime during this period, he must serve the sentence imposed, and if he does not commit a crime, he will be considered to have already served the sentence. In addition, the judges imposed an educational measure on the convicted person, a behavioral restriction: they were forced to stay home from 10 p.m. to 6 a.m., as well as to study or work.
In addition, 6,000 were convicted in favor of the convicted victim. compensation for moral damage.
“The minor has experienced negative spiritual experiences, emotional stress, other inconveniences, his actions have easily damaged the victim’s health, the victim currently needs specialized help and the consequences are progressing,” the judges said. They refused to satisfy the victim’s claim in its entirety: the mother representing the child asked to be sentenced to 15 thousand. EUR.
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