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A Twelve-Year-Old Schoolgirl Accused of Rape: Court Orders Apology

The sixth grade pupils played their mouths on the spy in front of my friends while waiting at the bus stop. Everything quickly brought the school head, who logically did not wait for anything and aroused the police. The girl said during the interrogation that she invented everything, that she didn’t realize what would happen and that it was “fun”.

However, the men have already suspicious that he is a sexual rapist, and therefore began to claim satisfaction using a civil action. He did not come to the Blansko District Court, but the Brno Regional Court had a different opinion on the matter and decided that the girl had to send him an apology letter with the text: “Dear Lord, I apologize for lying when I publicly claimed that you raped me.”

Respecting elementary honor

The Senate, led by Michal Ryška, in the June decision available to the innovations, said he had not overlooked the overall context of the girl’s maternal breakup full of a number of mutual approvals and announcements.

Indeed, the man was also criminally affected for his rampage, and described his behavior in the breakup of the judiciary as hooliganism and restrictions on personal freedom.

“However, even in such a context it is not possible to tolerate completely fictional and publicly made accusations of rape. Although the plaintiff’s deeds reduce his honor and seriousness in society, everyone has the right to respect elementary honor and dignity,” said Ryška.

The court had to cope with the fact that according to the Civil Code, children may be responsible for damage caused only from the age of thirteen. In younger children, an adult should correspond to surveillance. If there has been no neglect, the younger child may pay the damage if its behavior corresponded to a deliberate offense or if it is fair due to its property conditions.

At her age, she had to know that she wasn’t supposed to lie.

judge

In this case, no one neglected the supervision and Ryška pointed out that the relevant parts of the law should mainly protect children from not getting into debt at an early age, so the judges have come to the fact that it is fine if a twelve -year -old girl provides non -monetary satisfaction.

“At her age, she had to know that she was not to lie and rape was a crime, and at least she had to know that such an allegation was no ‘fun’ and it was eligible to harm the applicant,” Ryška explained.

Regardless of the enemy attitude towards the mother’s ex -ranges, she should have been able to control herself at her age.

“Therefore, it is right and educational to apologize for such fictional and publicly made accusations and realize that it should not lie, the illegal act has its consequences and a simple apology is a manifestation of common human decency, which can be in line with its best interest in the future.

“In principle, it is not about writing a hundred times that it is not to lie, but here to provide satisfaction with a single brief apologetic letter. It is a solution that fairly reflects not only the plaintiff’s right to provide satisfaction, but also the child’s best interest.” Ryška.

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