Sexual Crimes in Conflict Database
A collection of relevant literature and case law
Showing all 1 results.
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Jurisprudence judicial mechanism
SPSC in East Timor - Francisco Soaeres
- Year
- 2002
- Issues
- Definitions/Elements of Sexual Violence Crimes
- Country
- East Timor
- Keywords
- Consent Threat of Rape Sexual Intercourse Physical Invasion Militia Rome Statute
- Reference link
- http://www.worldcourts.com/un_etta/eng/decisions/2002.09.12_Prosecutor_v_Soares.pdf
- Type of mechanism
- Hybrid court
- Name of mechanism
- Special Panels for Serious Crime Panels in East Timor (SPSC)
- Name of accused
- Francisco Soaeres
- Charges
- Soaeres was indicted on 15 May 2001 for one count of rape, but rape as a domestic offence on the basis of section 9 of UNTAET Regulation 2000/15 (‘For the purposes of the present regulation, the provisions of the applicable Penal Code in East Timor shall, as appropriate, apply’) and Article 285 of the Indonesian Penal Code (‘Any person who by using force or threat of force forces a woman to have sexual intercourse with him out of marriage, shall, being guilty of rape, be punished by a maximum imprisonment of twelve years’). Soaeres was held to have travelled, on the morning of 12 September 1999, to the 744 Battalion Base and took victim X with him in order to transport her to Dili. Instead of going there he took X to Useleo Beach, where he proceeded to have sexual intercourse with X twice and then returned her to the Base. The Defense raised the issue of consent, which the victim denied.
- Trial chamber verdict
- On 12 September 2002, the Special Panel for Serious Crimes convicted Soaeres of rape.
- sentencing
- On 12 September 2002, the Special Panel for Serious Crimes sentenced him to 4 years’ imprisonment.
- Status
- 2715
- Case number
- 14/2001
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