The first-tier Harju County Court found Mark Davõdov guilty of engaging in sexual intercourse or other sexually motivated acts while at the Pihlakodu care home in Tabasalu.

All eight victims were clients of the facility and were of a very advanced age.

Davõdov's guilt was established primarily through his own confession, though also by other collected evidence.

The main issue of contention in the criminal case was whether the sexual acts took place against the victims' will, due to a lack of comprehension and resistance, and whether Davõdov understood that he was exploiting this helpless state to carry out his actions against the victims.

While Davõdov admitted his guilt in engaging in sexual intercourse and other sexual activities with the victims, he stated that he did not coerce any of them and that the relationships were consensual. The court did not accept this.

According to the evidence presented, five of the eight victims suffered from severe dementia at the time of the offenses.

Dementia had not been diagnosed in the other three victims, but given their age and state of health, the court had no doubt that these elderly individuals were incapable of understanding or resisting, meaning they were in a helpless state.

In addition to being aware of the victims' mental capacity and health conditions, it emerged during the trial that both the management of the Pihlakodu care home and all caregivers knew that one of the victims was, at the request of family, supposed only to be washed and cleaned by female members of staff.

Davõdov himself confirmed that he was aware of all this, but carried out his acts anyway. Consequently, the court concluded that Davõdov had made a fully conscious and intentional decision to ignore this request, and did so for sexual motives.

Taking into consideration the number of victims abused by Davõdov, the manner in which the crimes were committed, and the intent which lay behind them, the court assessed his guilt as significant and sentenced him to a punishment above the average tariff in such cases — namely, 11 years' imprisonment.

The time spent in custody as a suspect during the pre-trial proceedings will be deducted from that sentence, meaning Davõdov will serve 10 years, 11 months and 28 days in prison, the county court announced.

Davõdov must also pay a total of €6,705 in costs.

The court decision has not yet entered into force and can be appealed at the second-tier Tallinn Court of Appeal within 30 days.

--

Follow ERR News on Facebook and X and never miss an update!