The Supreme Court on Thursday has upheld a nine-year prison sentence imposed on a man for the rape of a woman in Limassol, rejecting his appeal that the punishment was excessive.
In its ruling, the court found that the exploitation of the victim’s inability to give consent due to severe intoxication, as well as the serious psychological harm she suffered, justified the sentence originally imposed by the Limassol Assize Court.
Woman had partially lost consciousness
The case concerns an incident that took place in 2022 in Limassol. According to the findings of the trial court, the complainant had consumed a large amount of alcohol at a nightclub and was in a state of extreme intoxication and partial loss of consciousness.
The defendant took the woman to his flat and engaged in a sexual act while she was incapable of giving consent.
The woman woke the following morning without remembering how she had ended up at the apartment, which caused her significant psychological distress.
The Assize Court found the defendant guilty of rape in violation of Article 144 of the Criminal Code and legislation concerning the prevention and combating of violence against women, sentencing him to nine years in prison.
'Excessive penalty' for rape
In his appeal, the defendant argued that the sentence was excessive and violated the principle of proportionality. He also claimed the trial court had failed to give sufficient weight to mitigating factors, including his clean criminal record, his age — 27 at the time of the offence — and his personal circumstances.
Examining the case, the Court of Appeal reiterated that it may intervene in sentencing only where a penalty is manifestly excessive or manifestly inadequate, or where an error in principle by the trial court is identified.
The judgment stressed that sexual offences, and rape in particular, are extremely serious crimes requiring strict and deterrent penalties.
Victim was unable to consent
The court found that the Assize Court had properly considered both aggravating and mitigating factors, including the defendant’s personal circumstances.
However, it held that particular weight had rightly been given to the exploitation of the victim’s inability to consent, the serious psychological consequences suffered by the victim, and the need to deter similar crimes.
The Court of Appeal therefore concluded that the nine-year prison sentence was not excessive and that no error had been made in its assessment.
The appeal was dismissed and the original sentence upheld.