The District Court in Tarnobrzeg received an indictment against 23-year-old Oksana P. and her 26-year-old partner Vitalij S. According to investigators, the boy was allegedly tortured and raped by them. The man will also be charged with attempted murder of a child and faces life imprisonment. The woman receives up to 15 years in prison.
The indictment in this case was sent to the District Court in Tarnobrzeg on December 15. The man will be charged with attempting to murder the woman’s little son, combined with rape with particular cruelty and abuse. The woman was charged with aiding and abetting the torture and rape of a child.
Change of charges against the boy’s mother
As prosecutor Andrzej Dubiel, spokesman for the District Prosecutor’s Office in Tarnobrzeg, which conducted the investigation in this case, announced on December 15, during the proceedings, after collecting evidence, including the opinion of a team of expert psychiatrists, a psychologist and a sexologist, the prosecutor decided to change the charges against the boy’s mother – 23-year-old Oksana P.
Previously, the woman was accused of acting together and in consultation with her partner in attempting to murder a boy, abusing him and raping him with particular cruelty.
– During the investigation, the prosecutor found that Oksana P. could not be accused of having acted jointly and in consultation with Vitalij S. in attempting to murder the child. The woman was accused of aiding and abetting the physical and mental abuse of her child, as well as aiding and abetting the rape of a child with particular cruelty, said prosecutor Dubiel.
The woman was charged under Art. 197 pairs 1, 3 and 4 of the Penal Code. She faces a sentence of five to 15 years in prison for the alleged acts.
§ 1. Whoever, by force, unlawful threat or fraud, causes another person to engage in sexual intercourse, shall be subject to the penalty of deprivation of liberty for a term of between 2 and 12 years. § 2. If the perpetrator, in the manner specified in § 1, causes another person to undergo another sexual act or performing such an action, shall be subject to the penalty of imprisonment from 6 months to 8 years. § 3. If the perpetrator commits rape: 1. together with another person, 2. against a minor under 15 years of age, 3. against an ascendant, descendant, adoptee or adoptive parent, brother or sister, shall be subject to the penalty of deprivation of liberty for a term of not less than 3 years. § 4. If the perpetrator of the act specified in § 1-3 acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a term of not less than 5 years.
Additional charges against the boy’s father
However, in relation to the woman’s partner, 26-year-old Vitalij S., who is charged with attempting to murder the woman’s minor son, then 2.5-year-old Danyl P., combined with the rape of a child with particular cruelty and abuse of “a person who is helpless due to “for age” with particular cruelty, the prosecutor supplemented the charges of causing the boy bodily injuries and a disease that was truly life-threatening.
Vitalij S. will appear in court accused of an act under Art. 148 pairs 1 and 2 point 1 of the Penal Code. For these crimes, the man may be sentenced to imprisonment for a term of not less than 12 years to life. Attempted murder is punished in the same way as committing murder.
§ 1. Whoever kills a person shall be subject to the penalty of deprivation of liberty for a term of not less than 8 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life. § 2. Whoever kills a person: with particular cruelty, in connection with taking a hostage, rape or robbery, as a result of motivation deserving particular condemnation, with the use of explosives, shall be subject to the penalty of deprivation of liberty for a period of not less than 12 years, the penalty of deprivation of liberty for 25 years. liberty or life imprisonment.
They are of sound mind and can be brought to justice
A 23-year-old Ukrainian woman, Oksana P., and her 26-year-old common-law partner, Vitalij S., underwent four-week psychiatric observations in closed conditions at the remand center at ul. Montelupich in Krakow. They were examined by experts in the same specialties: two psychiatrists, a psychologist and a sexologist. Experts requested observations, and the court granted consent.
They were both observed at different times – her observation began in mid-May this year, his – four weeks later, after Oksana’s observation ended. The idea was to prevent the suspects from touching or communicating with each other.
After observations, expert psychiatrists and a psychologist concluded in an opinion sent to the prosecutor’s office that the suspects were sane and could participate in preparatory proceedings and appear in court, and that they could serve prison sentences in prison.
Experts: Vitaly S. has sexual preference disorders, Oksana P. – no
However, according to an expert sexologist, 26-year-old Vitalij S. has sexual preference disorders. The expert did not find any such disorders in the boy’s mother. Due to the type of case, the prosecutor’s office does not provide detailed information on this case, including: nature and type of disorders.
The prosecutor’s office also has an opinion from a team of experts from the Institute of Forensic Medicine in Rzeszów, various specialties, including a pediatric surgeon, regarding the injuries suffered by Danyl. Due to their severity, the prosecutor’s office does not provide detailed information on this case.
The beaten boy was taken to hospital
The story of little Danyl shocked public opinion in early October 2022. His condition indicated that the toddler had been tortured for a long time, repeatedly raped and burned with cigarettes by his relatives – the boy’s mother and her partner.
On Wednesday, October 5, 2022, in the afternoon, the mother’s common-law husband took the child, who was in a critical condition, by taxi to the hospital in Stalowa Wola. Later, the child was transported to a hospital in Rzeszów. Doctors noticed the baby’s condition and notified the police.
The couple was arrested the same day. They were both sober at the time of their arrest.
Then they both heard the charges and by the court’s decision, at the request of the prosecutor’s office, they were taken to prison, where they are still detained. The Family Court in Stalowa Wola appointed a temporary guardian for the boy.
Doctors: the boy will live with severe disability for the rest of his life
Danylo, his mother and her common-law partner lived in a rented apartment in Stalowa Wola. Local newspapers, citing neighbors, wrote that no arguments, screaming or crying of a child could be heard from the Ukrainians’ apartment.
Examinations carried out at the hospital in Rzeszów revealed a cerebral hematoma in the boy. Danylo underwent neurosurgery. He was woken up from a medically induced coma, but with the baby due to his numerous injuries, including: head, there was no contact. According to doctors, the child will most likely have significant disabilities.
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