Following reports in today’s press regarding a decision of the Nicosia Permanent Assize Court in an incident of sexual abuse of a minor, Foni Council wishes to highlight the aggravating circumstances that should be taken into account in determining the sentence during trials for specific crimes as laid down in the legislation. Specifically, section 4(b) of the Law states as follows: “Any person who engages in a sexual act with a child where there is: abuse of a vulnerable situation of the child, in particular because of a mental or physical disability or a situation of dependence, shall be guilty of a felony and shall be liable on conviction to life imprisonment.”
We note with disappointment that, despite references to the legislation, the aggravating circumstances, such as the use of force and the child’s vulnerable situation, and even though it points out the rise in such offences, the Court has imposed a sentence of only four years, conveying a message of tolerance for offences of this kind.
Children with mental or physical disabilities are particularly vulnerable to sexual abuse and exploitation compared to children without a disability. Some studies show that a significant percentage of people with mental disabilities will experience sexual abuse at some stage in their lives, more often than members of their family or other individuals in their immediate environment. Empowering children with mental disabilities to protect themselves from sexual abuse and violence requires recognition and respect of their sexuality on the part of their carers, as well as guidance regarding their protection and appropriate behaviors.
We call on all competent stakeholders to take measures to ensure that children with disabilities are protected from sexual abuse and exploitation.
The Courts of the Republic can play the leading role in combatting these heinous crimes against our children. As today's judgment itself states, these evil acts can only be met with disgust. We therefore call on the Courts to reflect this repulsion in the sentences they impose, making full use of the tools provided by the legislation while responding to the messages of society.