“Please don’t let the victims of rape and abuse suffer so many more consequences than the perpetrators.” That was the final plea of Liv Jeitz, who co-authored petition 2129, in the Chamber of Deputies on Monday morning.
The public petition argues that the penalties for rape and sexual abuse are not adequate enough. Furthermore, the petitioners believe that perpetrators should be compelled to enter therapy and not receive suspended sentences. A law from 2018 regulates that, as a matter of principle, probation applies to people who are on trial for a first time.
Diane Schaefers, who helped co-author the petition, works with traumatised children and youths. She also addressed the Chamber on Monday morning and explained that victims often have to deal with consequences for the rest of their lives.
A new draft law concerned with the penal code of sexual crimes was filed last summer, and both petitioners welcome that some important adaptations are already retained in that text. They therefore focused on the issue of probation.
To illustrate their point, Schaefers referred to a court case that involved her petition colleague. Jeitz and three other women filed a complaint against a man, who later admitted to the events during the trial. Even though several victims were involved in the case, the perpetrator was treated as a first-time offender and received a suspended sentence.
If a person rapes several people over the course of many years, then probation should no longer apply, concluded the petitioners.
Minister of Justice Sam Tanson explained that she is aware of the problem, but also noted that during a recent Chamber discussion on Luxembourg’s penal system, most MPs agreed that prison sentences are not the best solution and rarely prevent people from becoming repeat offenders.
Minister Tanson further stressed that probation for first-time offenders may be a matter of principle, but that judges are not compelled to apply it, depending on each case.
Even though a respective draft law is already underway, the Greens politician welcomed the petition and respective debate for bringing up new points. When it comes to mandatory therapy for perpetrators of rape and sexual abuse, she committed to review the legality of said proposal.
