Supreme Court Judgement Number 3824/2562 (The Offence of Attempted Rape of a Child and the Offence of Indecent Act with a Child)

Abstract

According to the Supreme Court Judgement Number 3824/2562, an injured person who is not over 13 years of age was forcibly pulled into the bathroom by the defendant. Then, the defendant pulled down his pants and the injured person’s pants. After that, he rubbed his penis on the outside of the injured person’s vagina, which he had the opportunity to penetrate her vagina at that time. However, he did not continue to do so because he feared that the mother of the injured person would be suspicious.

The Court of First Instance (Trial Court) adjudicated that the defendant was guilty of an indecent act with a child who is not over 13 years of age by using force. On the other hand, the Supreme Court adjudicated that he was guilty of attempted rape of a child who is not over 13 years of age. Therefore, the overturning by the Supreme Court has brought up an interesting issue as to what criteria the Supreme Court in this case used to distinguish between attempted rape and an indecent act.