Newsroom
A lack of DNA evidence or visible injuries does not automatically mean that a rape did not happen, Cyprus’ Court of Appeal has ruled.
In a decision that highlights how sexual assault cases are assessed in Cyprus courts, the Court of Appeal rejected a man’s attempt to overturn his conviction, saying that the absence of genetic material or physical injuries alone cannot disprove an allegation of rape.
The decision reinforces a point often raised in sexual assault cases: not every incident leaves behind obvious physical evidence.
The court upheld his conviction for rape, deprivation of liberty with the intention of sexual abuse, common assault, and threats of violence.
The case involved incidents that took place in April 2020, with the Criminal Court previously finding that the charges had been proven beyond reasonable doubt.
The man had been sentenced to:
- 10 years in prison for rape
- 3 years for deprivation of liberty with the purpose of sexual abuse
- 4 months for common assault
- One year for each charge of threatening violence
The sentences were to run concurrently.
The appeal argument
During his appeal, the convicted man argued that the original decision should be overturned because forensic examinations did not find genetic material and the victim did not have physical injuries.
The Court of Appeal rejected that argument.
The judges explained that DNA findings are only one part of the evidence and that the absence of genetic material does not prove that sexual contact did not occur.
They noted that physical contact does not always leave behind detectable genetic traces, meaning that a lack of DNA cannot by itself rule out an offense.
The court also addressed the issue of injuries, saying that the absence of bruises or other physical signs does not automatically mean that rape or abuse did not take place.
Witness evidence remains important
The Court of Appeal also stressed that trial courts play a key role in assessing the credibility of witnesses because judges who hear a case firsthand are able to observe the behavior and reactions of those giving evidence.
It said appeal courts only intervene when a lower court’s findings are clearly unsupported by evidence or go against common sense.
In this case, the judges found no reason to overturn the original ruling and dismissed the appeal.
Why the ruling matters
The decision reinforces a point often raised in sexual assault cases: not every incident leaves behind obvious physical evidence.
The court’s ruling makes clear that Cyprus courts must consider the full picture, including witness testimony and all available evidence, rather than relying only on DNA results or visible injuries.
The original conviction and prison sentence therefore remain in place.
