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Lublin. One year and six months in prison for a teacher for molesting female students

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A Lublin court sentenced 83-year-old music teacher Jan K. to one year and six months in prison, accused of molesting minor girls while learning to play instruments. The convict may apply to serve his sentence under the electronic monitoring system. The judgment is invalid.

The District Court of Lublin-Zachód found the accused Jan K. guilty of the crimes charged against him – forcing minor girls to undergo other sexual acts, in some cases using a relationship of subordination and helplessness. He sentenced him to a total sentence of one year and six months in prison. He also imposed a 10-year ban on holding positions and performing professions related to the education of minors.

The court: violated the sexual rights of the injured parties

Justifying the verdict, judge Joanna Bis-Banach assessed the witnesses' testimonies as credible and sincere. She indicated that the victims did not know each other and their versions of events were very similar.

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“These crimes concerned the intimate sphere and involved exceeding the boundaries of physical and sexual contact. First of all, they involved taking advantage of the teacher's authority and age, as well as the student-teacher relationship,” the judge argued.

In the court's opinion, the violations of the victims' sexual rights were not particularly drastic in the physical sense, but – as evidenced by witness testimonies – they had a very deep impact on their psyche.

“Most of the students did not want to attend these lessons, they interrupted their instrument lessons, even though they showed the ability to do so. Some had mental problems. Some still use the help of a psychologist,” the judge said.

She added that they realized the importance of the teacher's actions only after some time, because at that time the students were still immature and unaware of their meaning.

“They did not tell their parents exactly what was going on. They felt deep shame,” noted Judge Bis-Banach.

Court: the accused took advantage of his position as a teacher

The opinion of an expert sexologist shows that the accused's behavior has the characteristics of “substitute satisfaction of sexual drive”, but they cannot be assessed as a deviation or disorder of sexual preferences.

The court did not agree with the 83-year-old's defense that touching the girls in a certain way was part of learning to play the piano or guitar, and his actions were exaggerated. In the court's opinion, Jan K.'s behavior was not then – nor is it today – a social norm and violated “sexual integrity and freedom”.

“The accused used his position as a teacher as an excuse to improve his figure while playing an instrument,” the judge added.

The court imposed a “humane” punishment

When imposing the sentence, the court also took into account that it should satisfy the social sense of justice and at the same time respect the principle of humanitarianism.

“The accused (…) is already 83 years old, therefore the court applied the institution of extraordinary leniency – requested by the prosecutor – and (…) sentenced him to a total penalty of one year and six months of imprisonment, indicating that this penalty may be served under so-called electronic monitoring, of course, provided that the penitentiary court consents to it,” added the judge.

“He touched children in their private parts while learning the game”

The investigation into this case was conducted by the District Prosecutor's Office in Lublin. The investigators brought the indictment against Jan K. to court in April 2022. Their findings showed that Jan K. touched children in their intimate places while learning to play the piano and other instruments. It was reported that he was to use the first victim in 2002 and the last one in 2021.

The judgment is invalid.

Main photo source: Shutterstock



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