Brno court rejects plea deal for suspended sentence over sex with schoolgirl, calling it rape

A plea bargain between a prosecutor and a young man accused of sexual acts against an underage schoolgirl has collapsed at the Regional Court in Brno. Prosecutor Petr Beišovec had originally classified the act as sexual assault and negotiated a suspended sentence with the accused — three years' imprisonment with a five-year probation period, along with mandatory treatment.

On Friday, the prosecutor presented the deal to the court. "I agree with the arrangement, I have admitted guilt," the accused stated. However, the panel of judges, presided over by Aleš Novotný, refused to approve the deal, pointing to serious inconsistencies in how the crime had been classified.

Judge points to rape, not assault

"What happened, in our view, was not sexual assault but rape. This is a fundamental distinction. Following the amendment to the criminal code, such acts were divided into rape and the lesser category of sexual assault. Based on the description of what occurred, this is clearly rape," said Judge Novotný, leaving no room for debate.

Visibly confused, the accused still failed to fully grasp that the original deal was off the table, even after a recess called by the court for consultations between the prosecutor and the defense. Asked whether he was prepared to accept the reclassification, he replied: "Well, I'd like to stick with the deal that was submitted."

"That deal is unacceptable and, in effect, no longer exists. And let me be blunt — the sentence you agreed on would have been unacceptable to us even if this were merely sexual assault. And if you wish to negotiate a new deal, it will now concern rape, where the punishment starts at five years in prison," Judge Novotný said, dashing the defendant's last hopes.

New deal not expected before late October

"If you choose not to reach an agreement, the case will return to the pre-trial investigation stage, additional investigative steps will be carried out, and the case will come back to court with an indictment. Within a plea deal, you can still secure a lighter sentence. So think carefully about what actually happened," the judge concluded.

Since both the prosecutor and the accused expressed willingness to negotiate within the new framework set by the court, the hearing was postponed until late October. At that point, the court will consider a new deal, which is expected to carry a significantly harsher sentence for rape.

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Source: novinky.cz