The two defendants, E.Ž. and H.S., offered a sixth grade girl a ride from Kazlų Rūda, Lithuania to Essen, Germany on March 13, 2001. Instead, they drove her to a gas station near Hanover, Germany where she was sold to an unidentified man for prostitution.
The defendants admitted to providing her a ride, but denied selling her for prostitution or that they deceived her into taking the ride for that purpose. They claimed that her act of prostitution was voluntary and they offered evidence of her past track record of prostitution to support this claim. The victim denied these allegations and claimed that she feared for her safety if she resisted or tried to contact the police.
GermanyLithuaniaE.Ž. was convicted for trafficking a sixth grade girl for the purposes of prostitution under Article 147 of the Criminal Code. The conviction was based on evidence proving that the defendants offered to drive the victim to Essen, Germany. Instead, they drove her to a gas station near Hanover, Germany where she was sold to an unidentified person for the purposes of prostitution. Further, there was evidence that the girl feared for her safety during her transport and did not attempt to contact police because of such fear.
H.S. was convicted for trafficking a sixth grade girl for the purposes of prostitution under Article 147 of the Criminal Code. The conviction was based on evidence proving that the defendants offered to drive the victim to Essen, Germany. Instead, they drove her to a gas station near Hanover, Germany where she was sold to an unidentified person for the purposes of prostitution. Further, there was evidence that the girl feared for her safety during her transport and did not attempt to contact police because of such fear.
Criminal Code of Lithuania, Article 147
2nd instance:
The defendants appealed their conviction to the Supreme Court on grounds that the lower court failed to adequately assess the evidence. The defendants claimed that they were not liable under the statute because the victim came voluntarily. To support their claim, they offered evidence that the girl had a history of voluntary prostitution in Lithuania.
The Supreme Court upheld the conviction, reasoning that prior sexual experiences of the victim and previous voluntary travel abroad for the purposes of prostitution are irrelevant to determining whether Article 147 of the Criminal Code was violated.
Criminal Code of Lithuania, Article 147
2nd instance:
The defendants appealed their conviction to the Supreme Court on grounds that the lower court failed to adequately assess the evidence. The defendants claimed that they were not liable under the statute because the victim came voluntarily. To support their claim, they offered evidence that the girl had a history of voluntary prostitution in Lithuania.
The Supreme Court upheld the conviction, reasoning that prior sexual experiences of the victim and previous voluntary travel abroad for the purposes of prostitution are irrelevant to determining whether Article 147 of the Criminal Code was violated.
Supreme Court of the Republic of Lithuania
Supreme Court of Lithuania (2004, no. 2K-578).
