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> Greece

A father was tried and acquitted because…he fell asleep next to his 9-year-old daughter! – He was reported by his ex-wife

The Single-Member Misdemeanor Court of Patras acquitted him of the charge of domestic violation of sexual dignity – What the defense argued

Newsroom June 13 01:48

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A crazy court case that began from an innocent incident, which according to the defense contained no element of inappropriate behavior, concluded with the acquittal of a father by the Single-Member Misdemeanor Court of Patras. The defendant had faced charges of domestic violation of the sexual dignity of his minor daughter, following a complaint filed against him because…he fell asleep next to his 9-year-old daughter.

The case began after an incident that took place on the night of May 18. According to what was presented in court, the father was spending time with his 9-year-old daughter at home, watching a children’s movie together on television. During the screening, he fell asleep in the same bed as his child.

The next morning, the girl told her mother, in what was described as a completely normal manner, that she had slept next to her father. The mother considered that the incident could potentially negatively affect the child’s psychological and emotional development and decided to take legal action, filing a complaint against the father.

According to the defense lawyer of the accused, Akis Vavaroutas, the case file contained no reference to abuse, inappropriate behavior, indecent gestures, suspicious expressions, or any other element that could be linked to a violation of the child’s sexual dignity. As the defense argued, the only actual incident described was the father and daughter sleeping in the same bed for one night.

Shockingly, despite the absence, according to the defense, of elements indicating illegal behavior, the case took on criminal dimensions and was referred to trial.

The prosecutor handling the case instead of dropping the charges, for reason that should question her competence, brought criminal charges, and the father was…summoned to stand trial facing the accusation of domestic violation of sexual dignity!

The case was heard before the Single-Member Misdemeanor Court of Patras. During the hearing, the factual circumstances, witness testimonies, and all evidence gathered in the case file were examined.

Ultimately, the court ruled that no illegal or immoral behavior by the defendant had been established and decided to acquit him. According to the court’s judgment, a parent sleeping in the same bed as their child, under the specific circumstances examined, did not constitute a criminal act nor did it establish the charge brought against him.

The decision brought an end to a legal process that lasted a long time and, according to the defendant’s circle, had significantly burdened both him and his family.

No legal action against the mother has been initiated thus far, although the question of how such defamatory actions should be punished remains open.

Speaking to the newspaper “Politeia,” the defense lawyer Akis Vavaroutas commented on the outcome of the case, emphasizing that particular care is needed in handling cases involving minors, as well as calm judgment when assessing real-life incidents.

“Today’s children lack, above all, love, affection, and parents close to them,” he said, adding that protecting children is a given priority, but not one that should lead to exaggerated interpretations of everyday family behavior. “Yes, we must be careful about every behavior, but not when the only thing present is love,” he stated.

At the same time, he expressed concern about the potential criminalization of acts that fall within the context of family relationships, noting: “If we bring a father to trial for sleeping with his minor daughter for one night, or a mother with her minor son for one night respectively, we will end up going to the other extreme and down very bad paths.”

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The lawyer also highlighted another aspect of the case, which, as he said, often appears in family disputes between separated couples. Specifically, he referred to the use of children as tools of pressure or conflict between parents.

As he added that, it is morally unacceptable for parents to instrumentalize their children in order to serve personal goals or harm their former partner, as such practices can have serious consequences on the psychological health and proper development of minors.

The case concluded with the acquittal decision of the court, leaving open the broader discussion about the boundaries between necessary protection of minors and the interpretation of family behavior that ends up being subject to criminal investigation.

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