The prosecutor wanted arrest for a man who, as a social probation officer, was to rape his adult ward in her apartment. However, the court found that it was not rape, but sexual abuse of dependence. The complaint did not help – the suspect will remain at large. He is also a policeman and – immediately after being charged – was suspended.
The District Court in Częstochowa rejected the prosecutor’s motion to arrest Robert W., suspected of a crime under Article 197 of the Criminal Code, i.e. rape. The prosecutor appealed against this decision. The district court upheld the first-instance decision on Monday.
The decision is not open to appeal. The man will remain free. The court applied police supervision against him, property bail in the amount of PLN 10,000, prohibition of contacting the aggrieved party or approaching her at a distance of not less than 50 meters.
“Freedom measures are sufficient in this matter”
– In the justification, the district court indicated that while the general condition for the application of preventive measures was met, the legal qualification adopted by the prosecutor raises doubts. In the opinion of the court, at this stage of the proceedings, the qualification under Article 199 paragraph 1 of the Criminal Code is more appropriate, explains Judge Dominik Bogacz, spokesman for the District Court in Częstochowa.
The Article 199 offense is about the sexual exploitation of a relationship of dependency or criticality and is punishable by a much lower penalty than rape. In this way, the argument for arrest – the risk of a heavy penalty – is omitted.
– The district court shared the considerations of the district court in its entirety. Freedom measures are sufficient in this case – adds Bogacz.
As a social probation officer, the suspect was in the victim’s apartment
In the second week of September, they were received by the Częstochowa-North District Prosecutor’s Office two complaints concerning the same sexual offense. – They were received independently, day after day, one was brought by the aggrieved adult woman, the other was brought by the municipal social welfare center – Tomasz Ozimek, spokesman for the District Prosecutor’s Office in Częstochowa, told us.
The crimes were committed by a social probation officer – at the District Court in Częstochowa – against his ward when he was performing duties in her apartment.
The aggrieved party, at the request of the prosecutor’s office, was questioned by the court with the participation of a psychologist, and the interrogation was recorded so that there was no need to repeat the unpleasant actions during the trial.
– Then the prosecutor initiated an investigation and accused the man of causing the victim to have sexual intercourse by violence – said Ozimek. – Interrogated by the prosecutor, he did not confess to the crime he was accused of. He provided extensive explanations, which, due to the nature of the case, we will not disclose – he added.
The suspect is also a policeman, he has been suspended
Robert W. is also a policeman from Częstochowa. Therefore, the district prosecutor’s office asked the regional prosecutor’s office to transfer the case to another unit due to possible business acquaintance with the suspect. Ozimek: – A decision was made that the proceedings will be conducted by the Częstochowa district prosecutor, because she does not cooperate with the police stations.
As reported by Sabina Chyra-Giereś, the spokeswoman for the police in Częstochowa, the officer – immediately after bringing the charge – was suspended from official duties, and internal investigations are underway in the police.
Main photo source: TVN24