判例法数据库

贩运人口

Court of Appeals of Antwerp 20-05-2010

事实梗概

The defendant took the victim away from her family in Morocco with the pretext of marrying her in Belgium. The defendant also paid a sum to the victim’s family which they interpreted to be the dowry.

Upon arrival in Belgium, the victim was forced to engage in sexual intercourse with the defendant, to work at the defendant’s house and to serve him and his mother. The victim was also physically abused by the defendant.

When the defendant ‘got tired’ of the victim he threw her out on the street. With no resources, the victim was unable to go back to her family in Morocco.

判决日期:
2010-05-20
作者:
White & Case LLP

This work was developed through a partnership with UNODC, Lawyers Without Borders and White & Case LLP

关键词

《人口贩运议定书》:
《人口贩运议定书》第三条
《人口贩运议定书》第五条
法令:
招募
运输
接收
途径:
欺骗
滥用职权或脆弱境况
支付或接收金钱或其他利益来获得使一个人取得对另一个人的控制权的许可
剥削目的:
对他人卖淫行为的剥削或其他形式的性剥削
劳役
贩运形式:
跨国
剥削发生的部门:
国内劳役
其他行业

交叉问题

性别平等方面的考虑因素

详情

• 女性主犯

程序步骤

法律制度:
民法
最新的法院:
上诉法院
诉讼类型:
刑事的
 

受害人/初审原告

受害人:
E.B.K.
性别:
儿童
国籍:

被告/ 初审被申请人

其他被告人的数目:
2
被告:
Q.
性别:
法律推理:

With respect to the claim of human trafficking, the Court found that the defendant had taken advantage of the victim’s vulnerable position, since she was staying illegally in the country and she was a minor. The Court also relied on the reports of a psychologist and a forensic psychiatrist in order to come to these conclusions. The fact that the defendant hit the victim and lied to her and her family about his intentions to marry the victim, was also considered to be an aggravated circumstance. The victim’s testimony where she stated that she was not forced to work, but simply did it out of boredom, did not alter the findings of the Court. Finally, the defendant’s argument that the victim’s mother had agreed to him taking the victim to Belgium, and that the victim’s sister and her husband had passively cooperated, was considered void by the Court, since these actors were deceived by the defendant.

Regarding the second charge of engaging in sexual relations with a minor, the Court found these allegations to be proven based on the statements made by the victim. The lack of a DNA-investigation was not considered relevant in that sense.

When determining the appropriate sentence for the defendant, the Court took into account the fact that the defendant is a lawyer, and considered that he had seriously breached the oath he took as a lawyer. 

被告:
G.R.
性别:

Defendant G.R. was defendant Q.'s mother.

指控/索赔/裁决

被告:
Q.
指控详情:
Human Trafficking
陪审团裁决:
Guilty
指控详情:
Engaging in Sexual Relations with a Minor
陪审团裁决:
Guilty
监禁期:
8 岁
罚金/向国家付款:
是的  4950  EUR  (Up to 10,000 USD)
被告:
G.R.

法院

Court of Appeals of Antwerp