A 52-year-old man stands accused of having had sex with the daughter of the man who owned the restaurant in which he worked as a chef in 2015.
During the trial on Thursday, the prosecutor called for the defendant to be sentenced to ten years in prison, albeit with part of that sentence as a suspended sentence. The man stands accused of having sexually harassed a minor as well as two charges of rape.
The accusations against the defendant refer to events in November 2015. The defendant stands accused of having had sex with the then 14-year-old daughter of a restaurant owner in Esch-sur-Alzette. At the time, the 52-year-old defendant worked there as a chef. The victim became pregnant as a result and had to abort the foetus.
The defendant apologised in court
According to the defendant's testimony in court, his sexual relations with the then 14-year-old were consensual and he did not force the girl into having sex with him. Furthermore, the defendant claims to have had no knowledge on the law concerning sex with minors. He explained that he had been weak at the time.
The defendant claimed to have apologised to the girl and her family, but also that he had not taken advantage of her. He said "it was between the both of us" in court.
The police's investigator described the inquiry surrounding the girl's pregnancy, which was confirmed in January 2016. In a hearing, the victim explained that she had trusted the man and developed feelings for him, claiming she had not been forced into anything. The man had been fired before the pregnancy became known. In June 2016, he was extradited back to Luxembourg, having left the country.
The defendant claimed that the then 14-year-old seduced him and that he forgot himself at the time, a typical type of defence in which blame is placed on the underage party.
The man also told a psychiatrist that the girl had seduced him and he had been unable to resist. The psychiatrist affirmed that the man was criminally liable, albeit with a favourable prognosis.
The law protects minors
The mother of the then 14-year-old called for damages for her daughter, after which the defendant's lawyer called for his acquittal in light of the victim's consent.
In response, the prosecutor highlighted that teenagers under the age of 18 are protected by Luxembourgish legislation. In light of the law, the sexual relations are classified as statutory rape and are considered severe infractions. The prosecutor did however acknowledge that the man would benefit from having no previous record and for having partially cooperated.
A verdict will be issued on 30 January.
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