Sexual Offences

Overview

Rape and sexual violence are among the most severely underreported forms of violence in Cyprus, as elsewhere in Europe. Rape, including marital rape, is punishable by law with a maximum sentence of life in prison and for attempted rape 10 years in prison. The Violence in the Family Law L. 47(I)/1994 recognizes rape within marriage. Anyone who attempts to commit rape is liable to imprisonment for ten years, while defilement is characterized by the age of the victim i.e. any person who unlawfully and carnally knows a female under the age of thirteen (13) years is guilty of a felony and is liable to imprisonment for life, while any person who attempts to have unlawful carnal knowledge of a female under the age of thirteen (13) years is guilty of a misdemeanor and is liable to imprisonment for three years.

A relatively new law, the Prevention and Combating of Sexual Abuse, Sexual Exploitation of Children and Child Pornography Law of 2014 takes measures for the prevention, suppression and combating of the offences of sexual abuse and sexual exploitation of children, child pornography, and child solicitation for sexual purposes, the protection and support of victims of the said offences, the establishment of monitoring and surveillance mechanisms of victims and offenders, and the promotion of international cooperation for the implementation of the above measures.

A new draft legislation is currently under discussion on the Parliament which aims to amend four types of sexual offences, by changing them from a misdemeanor to a felony and increasing considerably their sentencing. The draft also provides a novel framework in relation to consensual sexual activities between minors, jurisdiction and co-ordination of criminal prosecution, protection of Victims’ Children in criminal investigations, prevention programs and intervention measures, programs or intervention measures on a voluntary basis during or after criminal proceedings and measures on websites containing or spread child pornography. Among the amendments brought by the relevant bill is the extension of the jurisdiction of the Cypriot courts to prosecute offenses committed abroad regardless whether they constitute criminal offenses in the place where committed.

Our Experience

Our firm has substantial experience in defending sexual allegations ranging from rape to sexual assault, grooming offences and cases involving child pornography. We frequently represent professionals accused for date (or acquaintance) rape and of alleged marital (or spousal) rape.