The trial of a 56-year-old man accused of threatening behaviour, physical violence, and rape against his ex-wife resumed at the Luxembourg City court on Wednesday, marking the second and final day of proceedings.
During the hearing, the defence lawyer argued that the case lacked sufficient details, evidence, and witness testimony to support the allegations. The lawyer accused the defendant’s ex-wife of “exaggerating” her claims, suggesting she was seeking attention and dismissing her accusation of rape as “fabricated lies.”
Regarding the allegation that the defendant had threatened to kill both the woman and their daughter, the defence contended that this amounted to conflicting testimonies without corroborating proof. On the charge of physical violence, the defence highlighted inconsistencies in the evidence, pointing to a medical report that noted only slight injuries, including a haematoma behind one of the woman’s ears, with unclear origins. The lawyer emphasised a fundamental principle of criminal law: any doubts must benefit the defendant. The defence further argued that if penalties were imposed, they should not exceed community service.
The prosecution, meanwhile, painted a broader picture of the alleged victim’s history. According to the prosecution, the woman came to Luxembourg in 2008 with her then-husband, who reportedly subjected her to beatings and sexual violence even before their arrival in the country. The abuse allegedly continued after they settled in the Grand Duchy and persisted even after their divorce. The incidents reportedly occurred during visits by the defendant to see their children, with claims that he choked and assaulted her. Between 2017 and 2020, the defendant is also said to have threatened to kill his ex-wife, her sister, and his own daughter.
The prosecution underscored the credibility of the alleged victim, pointing to testimony from a psychology expert who found no reason to doubt the woman’s statements. The prosecution also addressed the woman’s admission that she did not seek help despite years of alleged rape, explaining that this needed to be understood in context. Highlighting cultural differences, particularly within the Iraqi community in Luxembourg, the prosecution noted that many women are often unaware of their rights. It was only after interacting with social workers or psychologists, the prosecution argued, that these women come to realise that non-consensual sex constitutes a crime.
“In my view, there is no element in this case that would lead one to believe that the woman is not telling the truth,” the prosecutor stated, further asserting that the defendant “lies as he pleases and has absolutely no credibility.” The prosecution called for a 12-year prison sentence, opposing any suspended sentence due to the defendant’s prior convictions for physical violence against the same woman in 2011 and 2013.
The alleged victim, meanwhile, told the court that she was not seeking financial compensation from her ex-husband. “I just want peace. I live in fear of him. Money is of no use to me,” she said, emphasising her desire for her two children to lead normal lives.
In his final statement, the defendant recounted unrelated anecdotes about his ex-wife and time spent with his daughter, seemingly disconnected from the charges against him. He concluded by claiming that, based on his ex-wife’s allegations, his life appears to revolve solely around violence and abuse – a characterisation he implied was inaccurate.
The verdict is scheduled to be delivered on 3 April.
Domestic abuse trial: Man faces charges of assault and rape in Luxembourg court
