There are court decisions in Romania where a judge considered that a 9-year-old girl was not raped but had discernment at age 9, changing the classification to sexual act with a minor.
Justice & Anti-CorruptionRomania
- Error detected
- The claim states a 9-year-old victim, but the verified case (M.G.C. v. Romania) involved an 11-year-old victim. The age discrepancy of 2 years is significant in cases involving child sexual abuse and legal capacity/discernment.
- Omissions
- The specific case widely documented at the European Court of Human Rights (M.G.C. v. Romania, 2016) involved an 11-year-old victim, not a 9-year-old.
- The ECHR ruled on 15 March 2016 that Romania failed to conduct an effective investigation and violated Article 3 (prohibition of inhuman or degrading treatment) and Article 8 (right to respect for private life) of the European Convention on Human Rights.
- The incidents in the M.G.C. case occurred between November 2008 and July 2009 when the applicant was 11 years old.
- Sources
- PrimaryEuropean Court of Human Rights - HUDOC (M.G.C. v. Romania)Case M.G.C. v. Romania: Applicant born in 1997, incidents occurred November 2008-July 2009 when she was 11 years old. Romanian domestic courts requalified the offense from rape to 'sexual act with a minor' and found the applicant had discernment (consent) despite her age being below the age of consent (15). ECHR judgment 15 March 2016 found violation of Articles 3 and 8.
- SecondaryRomania Insider - Romania failed to effectively investigate alleged rape of young girlReports on ECHR ruling that Romania failed to conduct efficient investigation and punish alleged abuser. Case involved reclassification of rape charge to sexual acts with a minor by Romanian courts.