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The pre-trial investigation began in May 2019, when a minor was injured at a rural tourism farm in Tauragė district. After examining this resounding case, the Tauragė District Court found the minor guilty of attempting to rape a minor, sexually assaulting her. The Court of First Instance sentenced the condemned man to a final sentence of three years and four months in prison with a three-year suspension.
After examining the criminal case on appeal, the Klaipėda Regional Court only partially satisfied the claims of the prosecutor and the victims, and additionally imposed on the convicted person the obligation to participate in the conduct correction program for one year and doubled the amount of moral damages awarded to the victim.
The case decision announced in the Klaipėda Regional Court received a great response in the society. The athlete who attempted to rape the minor and severely beat her was found to have escaped too easily.
The Public Prosecutor’s Office, after examining the reasons for the judgment handed down by the Klaipėda Regional Court, appealed the judgment on cassation to the SCL.
In the appeal, the prosecutor emphasized that the courts that heard the case had improperly applied the criminal law by unjustifiably seeing the sincerity in the confession of the convicted person and recognizing it as a mitigating circumstance and unjustifiably applying a suspended prison sentence. “Telling the truth in the process cannot be considered sincere conduct that justifies the exercise of the rights of the defense, and the imposition of conditional punishment, even on a minor, must be adapted to the nature and gravity of the crimes committed and the author’s behavior “, Estanislovaitis.
In its appeal, the Prosecutor’s Office asks the SCL to modify the sentences of the courts of first instance: annul the mitigating circumstance of responsibility of the convicted person, who confessed to having committed the act provided for in the criminal law and sincerely regrets. The cassation appeal also seeks the nullity of the suspension of the imposed custodial sentence and the imposition of the custodial sentence on the convicted person in a correctional facility.
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