Estonia's top court: Six-year prison minimum for rape of minor constitutional
The Supreme Court of Estonia en banc has ruled that a provision of the Penal Code mandating a minimum six-year prison sentence for the rape of a minor is constitutional.
Estonia's top court assessed the constitutionality of the Penal Code provision in question on the initiative of the second-tier Tartu Circuit Court.
The dispute arose in connection with a criminal case in which an adult man is accused of engaging in sexual intercourse with the 17-year-old victim while she was asleep during a social gathering. Because the victim was asleep, they were unable to consent or not, as well as unable to fend off the defendant. Upon waking up, the victim fled.
The circuit court found that the defendant's actions had been proven, but that they weren't severe enough to warrant the minimum six-year prison sentence provided by law; the court deemed such a harsh punishment unconstitutional.
The second-tier court sentenced the defendant to three years and requested that the Supreme Court repeal the sanction prescribed for the rape of a minor.
The Supreme Court en banc acknowledged that six years in prison as a minimum sentence is severe. Even so, the state is obligated to protect minors from sexual assault and to establish effective punishments in order to do so. The parliament has broad – albeit not unlimited – discretion in choosing the punishment prescribed by law for a crime.
Estonia's top court ruled that by establishing a minimum prison sentence of six years for the rape of a minor, the legislature did not exceeded the decision-making limits granted to it by the Constitution.
In this regard, the Supreme Court en banc took into account that in exceptional circumstances, the law allows for a lighter sentence than the usual minimum for an offense. It is also possible to release a convicted individual from prison early.
It is for these reasons that the Supreme Court concluded that, under the circumstances of the case reviewed by Tartu Circuit Court, the punishment prescribed by law for the rape of a minor victim is not unconstitutional.
The Supreme Court issued its ruling in a constitutional review procedure, thus not altering the second-tier court's ruling in the criminal case in question.
However, prosecutors, the victim and the defense attorney have the right to appeal the circuit court's decision to the Criminal Chamber of the Supreme Court of Estonia.
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Editor: Mari Peegel, Aili Vahtla
