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Cyprus rape case: British teenager to challenge sentence | Cyprus rape case: British teenager to challenge sentence |
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Nineteen-year-old woman has vowed to go all the way to ECHR to clear her name | Nineteen-year-old woman has vowed to go all the way to ECHR to clear her name |
A British teenager convicted of falsely accusing 12 Israelis of gang-rape in Cyprus has vowed to go all the way to the European court of human rights to clear her name after receiving a suspended prison sentence. | |
The 19-year-old student, who cannot be named for legal reasons, was sentenced to four months in prison, suspended for three years, by a Cypriot court on Tuesday. | |
The judge, Michalis Papathanasiou, said he would give the teenager a “second chance” and she could effectively walk free. | |
“The defendant has expressed regret,” he told the court in Paralimni, as chants from Cypriot and Israeli protestors gathered outside the building were heard. “I have decided to give her a second chance given her age, psychological state and immaturity.” | |
There were hugs, tears and relief in the courtroom among family and supporters when she was spared prison. The teenager stood motionless in the dock throughout, her head bent slightly as she listened to an interpreter. | |
But the suspended sentence will do little to allay what her lawyers described as an “incredibly sad and tragic case” for a young woman whose crime had been to report the sexual assault while on holiday in the party resort of Ayia Napa last July. | |
The Briton turned from victim to suspect overnight when, in now disputed circumstances, she withdrew the rape complaint after eight hours of police questioning. | |
Within hours of the retraction, the Israelis she accused of gang-rape, aged between 15 and 22 with most about to enter the army as conscripts, were allowed to fly home. Further investigation into the claims was dropped, with the woman being forced to spend a month in Nicosia general prison before being granted bail on condition she surrendered her passport. | |
In what had been a highly anticipated moment, Tuesday’s sentencing came a week after the woman was convicted of wilfully indulging in public mischief for the offence of fabricating “an imaginary crime”. On the eve of the decision, speculation of a presidential pardon had mounted. | |
Under the Mediterranean island’s penal code, the crime of fomenting public mischief is punishable by up to a year in prison with a penalty of as much as €1,708 (£1,450). The judge said the fine would be reduced to €140. | Under the Mediterranean island’s penal code, the crime of fomenting public mischief is punishable by up to a year in prison with a penalty of as much as €1,708 (£1,450). The judge said the fine would be reduced to €140. |
The case has attracted international attention, far beyond the frequently bizarre court proceedings in a Cypriot town, with critics claiming it had illuminated the deficiencies of a system that failed to take reports of sexual assault seriously. | |
“Whilst we welcome the fact that the sentence imposed today allows her to go home … the fight for her innocence will go on regardless,” said Lewis Power QC, who added that her legal team would contest the guilty conviction in Cyprus’s supreme court, and if necessary, the European court of human rights. | |
“We say and will maintain that this young girl was stripped both of her dignity and basic human rights … This case has highlighted a gaping chasm in the specialised treatment of sexual assault victims in Cyprus,” he said. | |
Women’s groups spurred into action in Cyprus had been emboldened by the backing of outraged Israelis, who also flew in to join protests. Many described Tuesday’s outcome as a “superficial victory”, backing the teenager’s pledge to oppose the sentence. | |
Several Israeli men appalled by the student’s treatment were among them. Wearing a T-shirt with the words “Our sister I believe you”, Yuval Newman said he had been so “angry and shocked” over last week’s guilty verdict he had decided to fly into Cyprus with his 16-year-old son to show his disquiet. | |
“To put all the blame on this young woman is so wrong,” said the 48-year-old, who works with disabled people. “So much needs to change in Israel around the way teenagers treat women. I have brought my son with me in the hope that he will learn from this and go away knowing that women need to be treated properly.” | |
The Briton, whose mother said wanted to become a police officer, had been due to start studying criminology at university in the autumn. Since the alleged attack – described by the teenager as having occurred when she was having consensual sex with one member of the group – she has suffered severe post-traumatic stress disorder and has been taking anti-depressants. | The Briton, whose mother said wanted to become a police officer, had been due to start studying criminology at university in the autumn. Since the alleged attack – described by the teenager as having occurred when she was having consensual sex with one member of the group – she has suffered severe post-traumatic stress disorder and has been taking anti-depressants. |
In the quest to prove her innocence, an expedited appeal request will be lodged with the island’s supreme court by 17 January to ensure the case is heard within six months, her senior Cypriot lawyer, Nicoletta Charalambidou, said. | In the quest to prove her innocence, an expedited appeal request will be lodged with the island’s supreme court by 17 January to ensure the case is heard within six months, her senior Cypriot lawyer, Nicoletta Charalambidou, said. |
“We are all relieved that she will not have to go to prison and happy that the sentence is suspended, and she can get on with her life and take care of her mental health,” she said. “But we will pursue the appeal in an effort to have a final, positive acquittal decision.” | “We are all relieved that she will not have to go to prison and happy that the sentence is suspended, and she can get on with her life and take care of her mental health,” she said. “But we will pursue the appeal in an effort to have a final, positive acquittal decision.” |
Indicative of the diplomatic dimensions the case has assumed, Boris Johnson’s spokesman said on Tuesday: “Throughout this case our focus has been on ensuring the young woman can return home. We’re very pleased this can now happen. We hope she and her family will now be given space and privacy so they can start rebuilding their lives.” | Indicative of the diplomatic dimensions the case has assumed, Boris Johnson’s spokesman said on Tuesday: “Throughout this case our focus has been on ensuring the young woman can return home. We’re very pleased this can now happen. We hope she and her family will now be given space and privacy so they can start rebuilding their lives.” |
The spokesman said the Foreign Office would work with Cyprus and other countries on how to avoid similar cases in the future, but reiterated that the UK government had “numerous concerns about the judicial process of this case and the woman’s right to a fair trial”, and had raised these with Cyprus. | The spokesman said the Foreign Office would work with Cyprus and other countries on how to avoid similar cases in the future, but reiterated that the UK government had “numerous concerns about the judicial process of this case and the woman’s right to a fair trial”, and had raised these with Cyprus. |
The foreign secretary, Dominic Raab, expressed relief that the “vulnerable young lady” was about to return home after a harrowing six months that had elapsed since she first reported the incident. | The foreign secretary, Dominic Raab, expressed relief that the “vulnerable young lady” was about to return home after a harrowing six months that had elapsed since she first reported the incident. |
“I understand quite how much she’s been through and what her family’s been through,” he said. “We will be following up on some issues in relation to the case … There is the broader issue for Brits travelling not just in Cyprus or in the EU, but travelling abroad, whether it’s on holiday, whether it’s backpacking, and making sure they can do so as safely and securely as possible.” | |
President Nicos Anastasiades’s administration had repeatedly said it could not interfere in the independent workings of the courts. Loudest among the protest chants heard as the judge read out his decision was “Cyprus justice, shame on you”. | |
Verity Nevitt, who organised a march in London in solidarity with the teenager, called the Cypriot authorities’ handling of the case “farcical”. She added: “Today the judge proved that he is unfit to judge cases of sexual violence, he should be recalled from the role. | |
“I am angry that the UK have behaved so pitifully in protecting one of their own, one who is already so vulnerable and in desperate need of support. Britain should have said no Briton is taking part in this farce of a judicial system and we are not allowing this joke trial to continue where a victim is being tried as a criminal.” |