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Supreme reduced penalty of man convicted of sexual abuse of his daughter and stepdaughter
Supreme reduced penalty of man convicted of sexual abuse of his daughter and stepdaughter
My friends, this was taken from Jornal de Notícias newspaper:
http://www.jn.pt/PaginaInicial/Seguranca/Interior.aspx?content_id=2952247&page=-1
Supreme reduced penalty man convicted of sexual abuse of his daughter and stepdaughter
The Supreme Court decided to reduce from 14 to 11 years in prison the penalty that the Court of Pacos Ferreira had applied to a man who sexually abused by 28 times, the stepdaughter and daughter.
In the judgment, the Lusa had access, the Supreme Court stressed that "the enormous gravity" of the set of facts alleged against the accused must be contextualized by comparison with the frames that are criminal in the Criminal Code for other crimes.
"For more serious than the conduct in question appears - and surely that is - should not equate to a case of murder, a penalty would set up between 12 and 25 years in prison," explains the STJ.
The court gave as evidence that the abuse took place over nine years, and the first victim was his stepdaughter, right from the age of 10.
During two years, and with the threat that if he told anyone battery, forced his stepdaughter to do her oral sex.
However, the lowest told what was happening to her mother, who has devalued it, after resorting to his grandmother, who took the case to the authorities, having been open a process of promotion and protection of the child.
While the case arose, the accused stopped the abuses, but resumed them after the filing thereof.
At a time when stepdaughter would have between 13 and 14 years, the defendant, on about 20 separate occasions during the night, went to the room and stepdaughter, after undressing, tried, without success, to introduce him penis in vagina, "getting up" for oral sex.
As the stepdaughter left home, since 2009, the defendant decided to "attack" the daughter, aged 11, with attempted vaginal intercourse, oral sex followed.
"At least twice, eventually enter the penis, completely, daughter of the vagina, where, after rubbing, ejaculated," the judgment of the court.
It adds that the defendant "acted with an intent always very intense and a great contempt for the values inherent in their legal and social responsibilities as a parent and / or guardian."
In court Pacos Ferreira, the defendant had been convicted of 28 crimes of sexual abuse of children and two of aggravated coercion in feathers, installments, amounting to 146 years in prison.
In legal height, that court had applied to him 14 years in prison, but the defendant appealed, considering the sentence "manifestly excessive".
The Supreme Court has decided to convict him of three counts of aggravated rape, successive tract, whereas when sex crimes involving a repetitive activity extended over time, "it is difficult and almost any arbitrary count."
In a crime of aggravated rape of successive tract should be uniformity in the conduct of the agent that extends the time in which the types of illicit, considered individually, are the same, or, if different, essentially protecting a well similar legal, and in the case of crimes against the person, the victim must be the same.
http://www.jn.pt/PaginaInicial/Seguranca/Interior.aspx?content_id=2952247&page=-1
Supreme reduced penalty man convicted of sexual abuse of his daughter and stepdaughter
The Supreme Court decided to reduce from 14 to 11 years in prison the penalty that the Court of Pacos Ferreira had applied to a man who sexually abused by 28 times, the stepdaughter and daughter.
In the judgment, the Lusa had access, the Supreme Court stressed that "the enormous gravity" of the set of facts alleged against the accused must be contextualized by comparison with the frames that are criminal in the Criminal Code for other crimes.
"For more serious than the conduct in question appears - and surely that is - should not equate to a case of murder, a penalty would set up between 12 and 25 years in prison," explains the STJ.
The court gave as evidence that the abuse took place over nine years, and the first victim was his stepdaughter, right from the age of 10.
During two years, and with the threat that if he told anyone battery, forced his stepdaughter to do her oral sex.
However, the lowest told what was happening to her mother, who has devalued it, after resorting to his grandmother, who took the case to the authorities, having been open a process of promotion and protection of the child.
While the case arose, the accused stopped the abuses, but resumed them after the filing thereof.
At a time when stepdaughter would have between 13 and 14 years, the defendant, on about 20 separate occasions during the night, went to the room and stepdaughter, after undressing, tried, without success, to introduce him penis in vagina, "getting up" for oral sex.
As the stepdaughter left home, since 2009, the defendant decided to "attack" the daughter, aged 11, with attempted vaginal intercourse, oral sex followed.
"At least twice, eventually enter the penis, completely, daughter of the vagina, where, after rubbing, ejaculated," the judgment of the court.
It adds that the defendant "acted with an intent always very intense and a great contempt for the values inherent in their legal and social responsibilities as a parent and / or guardian."
In court Pacos Ferreira, the defendant had been convicted of 28 crimes of sexual abuse of children and two of aggravated coercion in feathers, installments, amounting to 146 years in prison.
In legal height, that court had applied to him 14 years in prison, but the defendant appealed, considering the sentence "manifestly excessive".
The Supreme Court has decided to convict him of three counts of aggravated rape, successive tract, whereas when sex crimes involving a repetitive activity extended over time, "it is difficult and almost any arbitrary count."
In a crime of aggravated rape of successive tract should be uniformity in the conduct of the agent that extends the time in which the types of illicit, considered individually, are the same, or, if different, essentially protecting a well similar legal, and in the case of crimes against the person, the victim must be the same.
Pedro Silva- Slayer of scums
- Join date : 2011-06-26
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