British teenager is to appeal after guilty verdict on false rape charge
Lawyers criticise Cypriot judge’s ‘refusal to consider that attack took place which could have exonerated her’
A BRITISH teenager has been found guilty of lying about being gang-raped by youths in Ayia Napa, Cyprus.
The 19-year-old was arrested after withdrawing an allegation that she was attacked by 12 Israelis in a hotel in July.
The woman had said Cypriot police made her falsely confess to lying about the incident. The police denied this claim.
She was found guilty on a charge of causing public mischief at a court in Paralimni after the judge said she made the claim because she was “embarrassed” about being filmed having sex.
Lawyers for the teenager said yesterday they will appeal against the verdict.
“The defendant gave police a false rape claim, while having full knowledge that this was a lie,” Judge Michalis Papathanasiou said.
“The reason why she initially gave false statements was because she realised that she was being recorded while she was having sexual intercourse and so she was placed in a difficult position and felt embarrassed. She then apologised saying she had made a mistake by filing a false statement.”
He said the woman “did not make a good impression, she did not tell the truth, and tried to mislead the court” during her evidence.
“There was no rape, or violence, and police had carried out a thorough investigation making all necessary arrests,” the judge added.
The teenager nodded her head slightly as she was found guilty, showing no other emotion until after her sentencing was adjourned until January 7.
She then argued with her lawyers, saying, “I thought you were asking for a fine,” after Ritsa Pekri asked the judge to impose a suspended sentence.
The 19-year-old was a week into a working holiday the summer before she was due to start university when she alleged she was raped by the men.
All 12 Israelis arrested over the alleged attack returned home after they were released.
The woman spent more than a month in prison before she was granted bail at the end of August but has not been allowed to leave the island.
She is still on bail and could face up to a year in jail and a €1,700 (£1,500) fine when she is sentenced.
The teenager was mobbed by photographers and film crews as she left court with her face covered alongside her mother.
Both were wearing white scarves around their faces depicting lips sewn together – brought by protesters from the Network Against Violence Against Women, who demonstrated outside.
Defence lawyer Nicoletta Charalambidou told reporters they plan to appeal against the verdict.
She said: “We believe there have been many violations of the procedure and the rights of a fair trial of our client have been violated. We are planning to appeal the decision to the Supreme Court... if justice fails we are planning to take our case to the European Court of Human Rights.”
None of the Israelis gave evidence during the trial and the woman’s legal team criticised the judge’s refusal to consider evidence of the alleged rape.
Her lawyers said the video found on some of the Israelis’ mobile phones showed her having consensual sex with one of the group while others try to enter the room as she tells them to leave.
Michael Polak, a lawyer from the Justice Abroad group, which is assisting the teenager, said: “Although the defence team is very disappointed with the decision of the court, having put a lot of effort into the lengthy trial process and after bringing expert evidence before the court, we are not surprised by the result given the frequent refusal during the trial of the judge to consider evidence which supported the fact that the teenager had been raped.
“Shutting down questioning from our Cypriot advocates and the production of evidence into the trial on a handful of occasions the judge stridently stated: ‘This is not a rape case, I will not consider whether she was raped or not.’
“We have found it incredibly difficult to follow this logic given that an essential element of the offence is for there to be a ‘false statement concerning an imaginary offence’ and therefore, clearly if the teenager was raped, she cannot be guilty.”
Protester Argentoula Ioannou also criticised the verdict, adding: “We are here to show solidarity for the young lady who instead of being treated as a complainant for the rape that she suffered is here accused of public mischief. Unfortunately, we strongly believe that the rights of this young lady have been violated.”
Nir Yaslovitzh, a lawyer representing some of the men arrested over the alleged rape, welcomed the verdict.
He said. “I hope the court will find it appropriate to aggravate the punishment imposed on the girl, who refuses to this day to take responsibility for the horrible act she’s done against the boys.”
The rights of a fair trial of our client have been violated