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The Supreme Court has upheld the acquittal of a woman who killed her husband in defense of rape

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On Wednesday, the Supreme Court upheld the acquittal of 38-year-old Karolina P., who, in defense against rape by her drunken husband, killed him with a knife in the chest. The Supreme Court emphasized the essence of self-defense. The prosecutor’s office demanded 8 years of imprisonment for the woman.

Same Supreme Court finally settled the case of an incident from over 2.5 years ago, which took place in a small town near Krakow. The woman was acquitted by the courts of two instances of the charge of murdering her husband, who brutally forced her to have sexual intercourse. In the opinion of the courts, Karolina P. grabbed a knife in self-defence and during the struggle she hit the man, as a result of which he died. On Wednesday, the Supreme Court dismissed the cassation of the prosecutor’s office in this case as manifestly unfounded. This means that Karolina P. was finally acquitted.

In justifying this decision, Judge Ryszard Witkowski emphasized that the court did not find any gross violations of the law in the decision of the court of appeal that would allow it to be challenged. The judge pointed out that the cassation allegation boils down to a different assessment of the same evidence and undermining the assessment of the credibility of the main evidence, i.e. the explanations of the accused. “Neither a different assessment nor undermining the credibility of the evidence is a sufficient basis for changing or repealing the judgment,” stressed the judge.

He noted that the evidence in this case is limited. – The interrogations of the policemen (who were the first to arrive at the place – ed.) are laconic and cannot in any way undermine the facts accepted by the first and second instance courts. The court had no doubts as to the course of the event, as well as the assumption that in this case there was a circumstance of self-defence, argued Judge Witkowski.

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A woman’s lawyer: the most accurate decision of the Supreme Court

Attorney Katarzyna Król, who defended the accused, expressed her satisfaction with the decision of the Supreme Court on Wednesday. – I believe that this is the most accurate decision of the Supreme Court. The decisions of previous instances are interesting, because these courts have established that a woman’s sexual freedom is a good that is more important than the life of the attacker who attacked her, she said in an interview with the Polish Press Agency and Polish Radio.

The lawyer added that her client has already managed to return to normal life, among others. due to the fact that the district court released her from custody early.

She killed her husband in defense against rape

The incident took place in the small town of Przybysławice near Krakow on June 23, 2020. On that day, Marcin P. returned home drunk and demanded sexual intercourse from his wife. As it was reported during the trial, similar situations had already occurred in which Marcin P. brutally forced a woman to have sex.

On the day of the incident, the couple’s two young children were in the house. Karolina P. ran away to the balcony. She tried to call for help by calling a neighbor. The man was slapping his wife. The latter, defending herself, stabbed him in the shoulder with a knife, which she grabbed during the struggle. Drunk Marcin P. did not react. The woman hit him again, this time in the chest. After this hit, the attacker fell. Karolina P. called the emergency services. However, the doctors were unable to save the man’s life.

The woman was imprisoned for six months. In March 2021, the District Court in Kraków acquitted the woman, finding that she acted in self-defence. This ruling was upheld in October of the same year by the Court of Appeal in Kraków. It was against this judgment that the prosecutor’s office filed a cassation appeal to the Supreme Court, which was dismissed on Wednesday.

Main photo source: Jolanta Wojcicka / Shutterstock



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