Background:
The Provincial Court of Ciudad Real in central Spain has acquitted a 20-year-old gypsy man accused of continuously sexually abusing a 12-year-old girl. The court cited the peculiarities of gypsy culture among the reasons behind its ruling. This decision has been condemned by Spain’s equality watchdog as an “absolute disgrace” and a failure to uphold the rights of gypsy minors.
Legal Basis:
European Union Law: Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography mandates that member states:
Establish penalties for offenses related to sexual abuse and exploitation of children.
Ensure prompt investigation and prosecution of such offenses.
Provide support and protection for victims.
Address prevention through awareness and risk reduction initiatives.
National Law: The Spanish Penal Code criminalizes sexual abuse and exploitation of minors, irrespective of cultural context. Article 183 of the Spanish Penal Code specifically addresses sexual acts with minors under 16, categorizing such acts as criminal offenses subject to severe penalties.
Argument:
The court’s ruling, which considered cultural practices as a defense for the sexual abuse of a minor, is in direct violation of both European and Spanish law. The rule of law exists to balance human instincts with the need for a civilized society, ensuring that crimes, including sexual abuse, are prosecuted regardless of cultural justifications.
Allowing cultural practices to override legal protections for minors sets a dangerous precedent. It suggests that other crimes, such as murder or theft, could similarly be excused based on cultural norms, undermining the very foundation of the rule of law.
Call to Action:
Investigation and Prosecution: The decision of the Provincial Court of Ciudad Real must be thoroughly investigated. The judge’s actions are in breach of EU Directive 2011/93/EU and Spanish national law, warranting legal scrutiny and potential prosecution.
Public Objection: We urge citizens to object to this ruling by writing to the Minister of Justice and the European Union Prosecutors Office. Public support is crucial to initiate a private prosecution and halt this miscarriage of justice.
Preventive Measures: Immediate steps must be taken to prevent similar rulings in the future, ensuring that cultural practices are not used as a shield for criminal activities, especially those involving the exploitation and abuse of children.
This ruling by the Provincial Court of Ciudad Real undermines the rule of law and the protections established for minors against sexual abuse and exploitation. It is imperative that the judiciary upholds the law without exception for cultural practices. The failure to do so not only endangers children but also erodes public trust in the legal system. Immediate action is required to rectify this breach of justice.
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