Government bodies
Υπηρεσίες Κοινωνικής Ευημερίας και Νομική Υπηρεσία
Υπηρεσίες Κοινωνικής Ευημερίας και Νομική Υπηρεσία
How can the victim be removed from the suspect? How is the child's statement taken? Is the trial public? Can the victim be prosecuted? Is the victim entitled to damages? How is the victim protected at the Court, but also afterwards? In this section, you will find answers to all the questions that arise once a sexual abuse case is brought to justice.
Under the Cyprus Constitution, the Attorney-General of the Republic has exclusive competence, at his or her discretion and in the public interest, to order the prosecution of any person in the Republic for any offence.
Investigation files concerning cases of domestic violence or sexual abuse are sent to the Attorney-General’s office by the Police for purposes of examination of the evidence material and further instructions on whether or not to initiate criminal proceedings against the accused, as well as for drafting the charges.
The case is heard without delay, depending on the Court's schedule. The Law Office may file to the Court a request for Expedited Trial, to ensure the immediate protection of the victim from the perpetrator. Pending the outcome of the case, the Court may either order the detention of the accused or permit his or her release upon obtaining satisfactory assurance that he or she will appear before the Court on the date of the hearing of the case and will comply with such conditions as the Court may deem necessary.
The Court may, at the request of the Police, issue a warrant for the arrest of a suspected person. The person arrested is brought before the Court within 24 hours of the arrest, to be charged with the offence or for the issue of a remand order in accordance with section 24 of the Criminal Procedure Law.
If the competent services consider that under-age members must be removed from the family on grounds of domestic violence, the Social Worker / Family Counsellor of the Social Welfare Services, in cooperation with a Legal Officer or Public Prosecutor, apply to the Court to secure an order under the provisions of sections 32 and 33 of the Prevention and Combatting of Sexual Abuse and Sexual Exploitation of Children and Child Pornography Law of 2014 or sections 21 and 22 of the Violence in the Family (Prevention and Protection of Victims) Law of 2000 (L. 119(I)/2000) or file a request to the Family Court, pursuant to sections 18 to 21 of the Parents and Children Relations Law of 1990, for the removal of the exercise of parental responsibility from the minor’s parents.
Pursuant to Law 91(I)/2014, the Court may, during or after the trial of a case for the offences provided for in the Law, order the removal of the victim and his or her placing in a safe place or his or her placing under the care of the Director of the Social Welfare Services, for such a period as it may consider appropriate, provided it considers this to be necessary for the child's interest, and provided that any other measures against the offender do not ensure the interest and protection of the child.
The Court may, upon application by a member of the family, or by the Police, or by the Attorney-General of the Republic, or by a commissioner appointed under the provisions of the Parents and Children Relations Law, as amended or replaced from time to time, or by the Director of the Social Welfare Services, or by the Commissioner, or by another person acting on behalf of any of the above, issue an interim order excluding the suspect from an area or for the removal of the victim from their environment, until the criminal case against the accused for the criminal offence provided for in Law 91(I)/2014 is filed and tried.
The Court may issue an order against a person charged for the commission of any offence under this Law, valid for such period and upon such conditions as it may impose, prohibiting such person to enter, or approach at a certain distance, or remain in the residence or place of accommodation of the victim or in places frequented by children.
Victims of sexual abuse and sexual exploitation are not criminally prosecuted nor subject to sanctions for their involvement in criminal activities which they have been compelled to commit, as a direct effect of the fact that they were subjected to any of the acts referred to in sections 6 and 7 and in subsection (5) of section 8.
In cases where a child is a witness of offences provided for in the Law, the prosecution authorities ensure that, within the framework of the criminal investigation of these offences, all interviews with the child witness or victim are video recorded and that, at the time of trial of the case, these interviews are admissible as competent evidence under the Evidence Law.
The Court has the obligation to order a cross- examination of the victim or child witness without his or her presence, with the use of appropriate communications technology. Since 2021 the child may be cross-examined while he or she is at the Children’s House therefore eliminating the possibility that he or she will come across their perpetrator.
If it is to the benefit of the victim or the child witness, the Court and the prosecution authorities prevent the disclosure of information that could lead to their identification, in order to protect their private life, identity and image, and take all necessary measures to safeguard the above-mentioned rights and interests of the child. To date all cases involving a child victim or witness have employed the non-disclosure order.
During the trial of the case concerning offences provided for in the Law, where a child is appearing before the Court as a victim or witness, the Court may order the hearing procedure or part of it to be carried out with “closed doors” i.e. without access to anyone not involved in the case.
A victim of the offences provided for in the Law is considered a witness needing protection within the meaning of the Protection of Witnesses Law and is included in the Protection of Witnesses and Collaborators of Justice Scheme.
The Attorney-General of the Republic also ensures, at his or her discretion, the following:
The prosecution authorities also ensure the provision of effective and appropriate protection against possible retaliation or intimidation, in particular during and after the investigation and prosecution of the offenders, towards the following persons:
The prosecution authorities take all necessary measures to provide appropriate protection against possible retaliation or intimidation, in particular during and after the investigation and prosecution of the offenders of offences provided for in the Law, towards members of organizations, foundations, associations or non-governmental organizations that carry out activities or provide assistance to victims in accordance with the provisions of the Law.
The prosecution authorities ensure that the investigation or criminal prosecution do not depend on the submission of a complaint or accusation by the victim or his or her representative and that the criminal procedure may continue even if this person withdraws his or her statement.
The prosecution authorities continue the prosecution even after the victim has reached the age of majority.
Any person omitting to report a case coming to his or her knowledge, where a child or a child with mental or psychological deficiency is implicated in offences provided for in sections 6 to 10 and 15 of the Law or anyone not forwarding a relevant complaint, commits an offence and is liable, on conviction, to imprisonment not exceeding fifteen (15) years or to a fine not exceeding twenty thousand Euro (€20,000) and/or to both such penalties.
In determining the sentence, the Court considers as an aggravating factor the fact that the person omitting to report or not forwarding the complaint is a teacher, social service worker, or a practicing advocate, or a member of the Police or health care professional, such as a psychiatrist, doctor of any other specialty, nurse, psychologist or any other professional with activities relevant to the subject.
The victim has a statutory right to claim damages against any person responsible for the criminal offences provided for in the Law as well as for violations of their human rights. The perpetrator also has a corresponding civil liability to pay special and general damages to his or her victims.
The Attorney-General of the Republic may submit an application to the District Court of Nicosia, which has criminal jurisdiction to issue an order of referral to surveillance by the Surveillance Authority for a period of time specified by the Court, of a person convicted for sexual offences against children within the territory of the Republic or abroad and for whom the offence has not been barred from his or her criminal record and who either serves a sentence of imprisonment or has been released within one (1) year from the date of entry into force of the Law, provided that this is considered necessary for the protection of children from the commission of offences provided for in the Law.
The Attorney-General of the Republic and the Chief of Police have competence to take all necessary measures to:
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