The supreme court has ordered the early release of a 29-year-old man convicted to four and a half years in jail for sexually abusing a minor, it emerged on Wednesday.
The decision was issued following an appeal by the convicted man who served two years and four months in the Nicosia prison.
According to the facts of the case, reported by Philenews, the appellant had sexual intercourse with a 15-year-old girl, with whom he claimed he had a consensual relationship.
The case was initially submitted to the criminal court, however the attorney general instructed the case be heard by a district court which can impose a maximum sentence of five years.
The age of consent in Cyprus is 17.
Despite this, the counsel of the 29-year-old argued his client had intercourse with the minor at the wish of both of them and that there was no form of violence but only feelings of love.
The defence lawyer also claimed that a more lenient treatment is justified as his client immediately admitted the charge, expressed remorse and had a clean criminal record.
Furthermore, the parents knew about the minor’s relationship and did not object before the complaint was made to the police.
Hence, the counsel argued the sentence was excessive as it was almost the maximum prison sentence the court could impose.
In its decision, the supreme court stressed that admission should be rewarded with a relative discount in the sentence, since it encourages offenders to admit guilt and saves valuable time, while it prevents victims from having to testify in court and relive their experience.
It added that the sentence already served is appropriate punishment for the man, citing his clean criminal record and relatively young age as well as the particular circumstances of the case.
“Given that appellant has been in prison since June 26, 2020, we find that the prison sentence he has served to date constitutes appropriate punishment and we reduce the prison sentence imposed to such an extent that he should be released immediately.”
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