Rape case sent to trial despite complainant’s withdrawal

A man accused of rape and assault was ordered to be held in custody pending trial on Thursday, despite the complainant formally asking the court to withdraw her complaint.

The case concerns a woman who accused her partner of rape and assault but sought to retract her statement a few days later.

Despite her request, the prosecution proceeded and the case was referred directly to the Limassol permanent criminal court.

The complainant appeared in court and submitted a sworn statement stating that she “no longer has a complaint” and wished the proceedings to end.

The court nonetheless accepted the prosecution’s application for pre-trial detention.

Prosecuting lawyer Panikos Avraamides argued that the case must proceed “on the basis of the testimonial material” and cited provisions of the Istanbul Convention, which require authorities to pursue serious cases of gender-based violence even when victims later withdraw cooperation.

The defence objected, stressing the complainant’s explicit wish to halt the proceedings.

The court rejected and ordered the accused to be remanded at the central prisons until the trial, scheduled for March.

According to the case file, the incident allegedly followed an argument after the complainant asked her partner to delete photographs of his former partner.

She claimed he became violent, verbally abused and struck her, and when she attempted to leave the house, “he pulled her by the hair and raped her”.

The incident was reported to the police the following day, after the accused had gone to work.

The case was initially registered before the district court but was later transferred to the criminal court following revised instructions from attorney-general, George Savvides.