Defence in Rape & Sexual Abuse of Minors Cases: Legal Strategy & Confidentiality

Charges relating to offences against sexual freedom (Rape — Article 336 of the Penal Code (PK); Sexual Abuse of Minors — Article 339 PK) are perhaps the most serious that any citizen may face. The complexity of the legislation and the intense social stigma demand a composed, scientific and combative defence.

At ZIAMPARAS & ASSOCIATES, we approach every case with the aim of securing a fair trial and protecting our client’s procedural rights.

Our Methodology in Criminal Defence

Defence in such cases is not based on generalities, but on the meticulous deconstruction of the indictment.

1. Deconstruction of Testimonies: We employ advanced witness examination techniques to identify contradictions and gaps in the complainant’s account.

2. Evaluation of Scientific Evidence: We collaborate with leading forensic pathologists, psychiatrists and technical advisers for the analysis of DNA samples, toxicology reports and digital traces (messages, GPS data).

3. Digital Analysis (Cyber Forensics): As lawyers with a background in Computer Engineering, we analyse communications on social media and applications, which often constitute the “key” to overturning a false accusation.

4. Adherence to the Presumption of Innocence: Every defendant is entitled to the best possible defence. We ensure that the proceedings remain within the legal framework, free from prejudice.

Articles 336 & 339 PK: What You Need to Know

The amendment of the Penal Code (PK) has rendered the legal framework exceptionally strict. Understanding the concepts of “consent”, “threat” and “abuse” is decisive for the outcome of the trial.

“Justice requires the full revelation of the truth. Our mission is to ensure that no aspect of the case is left unexplored.”

Absolute Discretion

We understand the sensitivity of your position. Every piece of information you share with us is protected by the strictest attorney-client privilege.

📞 Contact us immediately for a confidential meeting: +30 6975 127 045 📧 Email: [email protected]

In more detail:

Rape, sexual abuse of minors, indecent acts and other sexual offences against sexual freedom, as well as offences of economic exploitation of sexual life. It is certainly worth noting that the so-called «sexual crimes» have always clearly been a field of «interweaving» of the pivotal concepts of law and «morality». Depending of course on each system of evaluating the «sexual life» of the individual, that has been followed in each society — whether the stricter or the more liberal — one observes a corresponding shaping of the rules governing those acts described as «sexual crimes». Criminal defence lawyer Dimitrios Ziamparas has substantial experience in handling such sensitive cases.

ACQUITTAL JUDGMENT

A successful acquittal judgment by our office in a child pornography case before the Mixed Jury Court of Athens: Acquittal Judgment Child Pornography Mixed Jury Court.

Offences against sexual freedom and offences of economic exploitation of sexual life

Below we present the offences contained in the 19^th chapter of our Penal Code (PK), entitled: «Offences against sexual freedom and offences of economic exploitation of sexual life». In 1984 a radical reform of the relevant offences and their terms took place: until then, the title of the 19th chapter referred to “morals” as the protected legal interest. The notion of morals necessarily permeated the interpretation of the evaluative terms of the relevant offences (e.g. indecent act, lewd act, modesty). The legislator’s intervention reshaped the title of the corresponding chapter. The latter now refers, at least in part, to a clear and commonly accepted legal interest: sexual freedom, as a special form of liberty. It was truly a turn of historical significance.

There is no other category of offences in which the changes overturn types and conceptions of criminality dating back millennia. For example, in most known civilisations of antiquity, defloration of a virgin was an act punishable, indeed by death. Corresponding regulations were continuously in force and survived in both Western and Eastern legislations until the first half of the 20th century. The Penal Law in force in our country until 1950 punished (Article 274 A) as an offence the «defloration of a maiden of unimpeachable morals». The matters to be proved in corresponding trials of the inter-war period seem comical to anyone who today browses through legal journals containing criminal judgments of that era.

Sexual abuse of minors

Offences against sexual freedom, such as sexual abuse of minors, are far more frequent than one might think. Apart from cases that occasionally make the newspapers, there are many cases in everyday life that do not receive publicity and are often not even reported, because the victim is ashamed and fears stigmatisation.

Frequently, these offences (sexual abuse of minors, rape, etc.) are committed against minors, in which case the legislator is particularly strict. Specifically, in Article 339 of the new Penal Code (PK), entitled: «sexual acts with minors or in their presence», the age of the victim plays a major role in the criminal treatment of the perpetrator. If the victim is under 14 years of age, then the offence of sexual abuse of a minor is a felony. If the victim is older, then the offence of sexual abuse of a minor is a misdemeanor.

Punishable sexual acts are not understood as the full sexual act (intercourse) alone but also include acts such as fondling of the genitals, masturbation, etc.

Although the most common scenario is that of the minor being ashamed to report the indecent acts, there have also been cases in which a minor <<exaggerates>> what is reported, has misinterpreted the movements of the <<perpetrator>>, or — in the case of adolescents — files a complaint for reasons of revenge. By way of indication, the perpetrator of the offence may be any person, including minors, while the spouse or permanent partner of the minor is not excluded. It is irrelevant, in this context, whether the victim had already had sexual experiences in the past.

A fundamental element for the offence of sexual acts (indecent acts) with or in the presence of a minor to be established is the sexual or indecent act which is performed upon, or carried out by, the minor or, finally, in whose performance the minor is present.

There are three ways in which the offence of sexual abuse of children may be committed: a) The first consists of performing an indecent act with a person under 15 years of age. b) The second involves misleading such a minor into either becoming the “perpetrator” of the indecent act or suffering the indecent act from another third party. c) The third consists of inducing a minor under the age of 15 to be present at a sexual act between others, without participating therein.

As regards the first method of commission, contact with the body of the minor is required. The “act” of the perpetrator does not require the use of force or, necessarily, the coercion of the minor. As is accepted by case-law, the sexual or indecent act may take place even with the consent, initiative or even instigation of the minor.

As regards the second method of commission, it is achieved through misleading, namely by persuasion, promises, gifts or other inducements offered to the minor, but also even by threats or intimidation. The offence in this form is realised when the minor performs an indecent act, either upon himself (e.g. masturbation), or upon a third party (other than the person misleading him), or when the minor suffers it from a third party at the instruction of the person misleading him.

As regards the third method of commission, it has been held by case-law that the mere presence at and observation of indecent acts, without participation in them, may disturb the psychological world of the minor and harm his sexual development. In this case, the legislator punishes the perpetrator with imprisonment of at least two years and a monetary penalty if the minor is under fourteen years of age, and with imprisonment of up to three years or a monetary penalty if the minor has reached the age of fourteen.

Sexual harassment

For the offence to be committed, indecent gestures or proposals concerning indecent acts are required. Indecent gestures are understood as acts that involve physical contact and pertain to the sphere of sexual life, without however having the intensity of indecent acts. Thus, a kiss on the mouth or a caress on the breast or thighs is considered an indecent gesture. A proposal concerning indecent acts, on the other hand, does not contain physical contact, but must necessarily refer to the performance of acts of greater gravity in the sphere of sexual life, such as intercourse or its substitutes. Consequently, proposals concerning acts of lesser gravity, such as a proposal for a kiss, can only be addressed as forms of insult. This, however, already gives rise to the first problems. In the Penal Code (PK), the provisions of Articles 337 and 361 carry the same penalty. The principle of proportionality requires that conduct of equal gravity, committed under the same conditions, be addressed with the same penalty. This, however, is no longer feasible, since the conditions of employment are not taken into account in offences against honour.

It is also a necessary precondition for the application of Article 337 PK — and consequently now also of the provision on sexual harassment — that the dignity of the other person be grossly offended in the field of sexual life. The offence is considered gross when it is carried out in a particularly impolite manner and entails a serious diminution of honour. When, however, the offence is gross is a measure that is difficult to prove. In the workplace, however, it is of minimal importance whether the offence is in fact gross or not. This element cannot be assessed under the new law, since such conduct can only be addressed as forms of insult, with the limited penalty of Article 361 PK.

Also under the new law, for sexual harassment to exist, the perpetrator must perform the above acts by exploiting the working position of the victim or the position of a person who has entered a process of seeking employment. Exploitation is accepted to exist when the perpetrator takes advantage of a situation, that is, uses it as an opportunity to achieve some purpose, without however necessarily presupposing a relationship of professional dependence. Thus the offence may equally be committed by colleagues of equal rank or clients as by hierarchical superiors. With this assimilation, however, the fact is entirely overlooked that in the latter case the act offends not only the dignity of the individual, but primarily his sexual freedom.

Finally, the provision on sexual harassment, as ultimately formulated, does not cover its more serious form, namely sexual extortion for the performance of indecent acts, when this is based on abuse of a relationship of professional dependence or of the need to find employment. Such conduct therefore continues to be addressed under the general provisions that already existed since the enactment of the Penal Code (PK), the application of which, however, on the one hand does not cover the phenomenon in its full extent and on the other leads to manifestly absurd results.

Cases of sexual harassment — particularly in the workplace — have also occupied the case-law, which consistently accepts that the termination of an indefinite-term employment contract is null and void as abusive when it was effected because the employee rebuffed sexual harassment by the employer or in order to cover up such harassment. It has also been held that the sexual harassment of a female employee by her director resulted in a moral diminution and offence to her personality, with the consequence that her continued work in the business premises became difficult for her. Accordingly, the court held that this constituted an unfavourable change in the employee’s terms of employment and an irregular termination of her employment contract by the employer company, with the result that she is entitled to receive the statutory severance pay. Nevertheless, an entirely measurable factor in the affirmation of harassment is the historical context of the position taken by the harassed person within the specific web of relationships. Thus, it has been held that the offering of a gift or a courteous gesture, combined with exploratory conversations as to the other person’s intentions, do not constitute sufficient evidence to accept the claim of sexual harassment, particularly when this entails significant pecuniary sanctions.

Addressing sexual harassment presupposes above all the development of policies for the prevention of the phenomenon, and these can only be founded on a genuine and sincere interest of the State in overturning the traditional stereotypes regarding the role of the two sexes. In this particular case, however, the State, through its representatives, appeared to treat the enactment of the new law as a formal fulfilment of its obligations towards the European Union. Such an approach unfortunately does not give rise to optimism regarding the policy that is to be followed.

• See also article Reclassification of Child Pornography from Felony to Misdemeanor
• See also article Minor Distributors of Child Pornography
• See also article Legal Practice and Child Pornography
• See also article Profile of a Child Pornography Distributor
• See also article Defamation via Facebook
• See also article Online Fraud

FREQUENTLY ASKED QUESTIONS ON RAPE & SEXUAL ABUSE OF MINORS — DEFENCE OF THE ACCUSED

1. What sentence am I facing for rape or sexual abuse of a minor?

Rape (Article 336 PK) is punishable as a felony, while sexual abuse of a minor (Article 339 PK) is classified as a felony when the victim has not completed the age of 14 and as a misdemeanor in the case of older victims. The final sentence is shaped according to the specific circumstances, the age of those involved and the conduct of the defendant. With the application of mitigating circumstances (Article 84 PK — prior honest life, subsequent good conduct, sincere repentance) the sentence is significantly reduced. In certain misdemeanor cases, suspension of sentence (Article 99 PK), conversion into a monetary penalty (Article 80 PK) or community service is possible. An individualised defence strategy is decisive.

2. How do I defend myself against a false accusation?

False accusations are not uncommon, particularly in cases of disputes between former partners, family conflicts or vindictive behaviour by adolescents. The defence focuses on a meticulous analysis of the statement for contradictions, the comparative evaluation of timelines, the analysis of digital communications (messages, social media, dating applications), geolocation data and technical expert reports. Psychiatric expert opinions are sought and witnesses who can attest to the nature of the relationship are utilised. The principle “in dubio pro reo” requires the acquittal of the defendant when reasonable doubt remains as to the commission of the act.

3. Will I be held in pre-trial detention until my trial?

Pre-trial detention remains an exceptional measure and is ordered only when strict conditions are met, such as risk of flight, recidivism or obstruction of the investigation. In many sexual offence cases, the investigating judge imposes alternative restrictive measures: appearance at a police station, prohibition of leaving the country, bail or prohibition of approaching the alleged victim. The proper preparation of the defence statement before the investigating judge, the production of documents proving the defendant’s ties to the country (employment, family, permanent residence) and appropriate argumentation significantly increase the chances of avoiding pre-trial detention.

4. What do I do as soon as I am summoned for a statement or defence statement?

The first and most important action is to immediately contact a criminal defence lawyer, before giving any statement. The defendant has the right to silence and the right to a reasonable period to study the case file before giving the defence statement (as a rule, a deadline of 48 hours to several days is requested). No statement, not even by way of “explanation”, should be made without legal representation, since even innocent phrases are later used against the defendant. At the same time, all digital data (messages, photographs, calls) that may prove crucial for the defence must be preserved.

5. How long does such criminal proceedings last?

In felony cases, the proceedings include preliminary examination, main investigation, referral by the council of misdemeanor judges and finally trial before the Mixed Jury Court. Overall, as a rule, the route from the filing of the criminal complaint to the first-instance judgment lasts from two to four years, while in the case of an appeal additional time is added. In misdemeanors the procedure is significantly shorter. Throughout, the lawyer monitors the progress of the case file, files legal remedies against detrimental judicial council orders and gradually prepares the defence.

6. What is the role of the lawyer in such cases?

The criminal defence lawyer undertakes the full representation of the defendant at all stages: from the preliminary examination and the defence statement before the investigating judge, to the courtroom and the legal remedies. He studies the case file meticulously, identifies contradictions in the statements, challenges unlawful evidence, makes use of technical advisers (forensic pathologists, psychiatrists, digital forensics experts) and formulates standalone pleas. Our office, with proven experience and acquittal judgments in sexual offence cases before Mixed Jury Courts, ensures absolute confidentiality and a composed, combative defence with respect for the presumption of innocence.