Sailing coach: Overthrow by prosecutor’s appeal for acquittal

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The Prosecutor of the Court of Appeals, Ioanna Tsali, appealed against the acquittal of the 39-year-old sailing coach for the charge of raping a minor athlete, re-placing the heaviest charge in the indictment that the accused will face in the appellate court.

The Appellate Prosecutor is appealing against the part of the decision of the Mixed Jury Court that a week ago acquitted the coach by a 4 to 3 majority of the accusation of rape against the athlete, who as an adult denounced him about a year and a half ago.

The court sentenced the 39-year-old to 13 years in prison, finding him guilty of the crime of abusing a minor in indecency against an athlete ten years ago.

The coach had returned to prison after the verdict, as the court did not grant a suspensory effect on his appeal. The 39-year-old is now facing the imposition of a heavier sentence when the case reaches the Mixed Jury Court of Appeal.

Ms. Tsali, according to information, refers to the appeal she filed, the situation in which the minor victim was found, who was “manipulated by the much older coach”.

The prosecutor also points out that the majority of the three jurors and one judge who were acquitted of the rape of the accused, essentially erred in the assessment of the events that took place while the victim was a minor.

According to the Appellate Prosecutor, “the victim was a child and the coach approached her verbally and physically and flattered her. Since 2010 she has been using physical and verbal violence and threatened to kill herself or her family if she spoke. “He was suffering from psychological stress, fear, confusion and anxiety. He could not resist.”

Regarding the legal part of the acquittal, Ms. Tsali emphasizes that the decision of the MOD suffers, as the decision of the Supreme Court was not taken into account, which stipulates that the evidence of rape does not necessarily require active resistance on the part of the victim.

The Supreme Court has ruled, according to the prosecutor, that rape occurs when the act is committed against the will of the victim, with the use of physical violence that neutralized his resistance.

Ms. Tsali emphasizes, referring to the crisis of the Supreme Court that “even if the victim did not resist the physical violence at all, rape is evidenced due to the fear of resisting or due to the surprise or due to his weak physical strength, so that he considered it impossible or in vain the resistance “.

In her appeal, the prosecutor also states that the athlete, as many times as she was called to narrate what she complains about in any of them, “did not fall into contradictions” and therefore described real facts.

He also states that all the facts of the case did not show that the 21-year-old athlete “had any motivation or expediency or benefit to denounce the coach after so many years” and emphasizes that if what she claims was false “she would not narrate incidents which expose it to the pan-Hellenic “.

It should be noted that with the acquittal of the coach for the rape, the president, a regular judge and a juror of the MOD who tried the case had minorities.

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