In a significant legal development, the Kerala High Court has upheld the conviction of Catholic priest Father Edwin Figarez for the repeated rape of a minor girl between 2014 and 2015, while modifying his sentence from life imprisonment to 20 years of rigorous imprisonment without remission. This case has reignited discussions on the handling of sexual abuse cases within religious institutions in Kerala.
The court’s decision was based on the appeals of the accused challenging their initial conviction by a special court. The prosecution’s case highlighted that Father Figarez sexually assaulted a girl, who was studying in Class VIII, several times at the presbytery. The girl was a parishioner at the church where Figarez was the vicar. The case was registered based on a complaint by the girl’s mother, leading to a detailed investigation and subsequent conviction.
In delivering their judgment, the High Court bench, comprising Justices PB Suresh Kumar and Johnson John, stated,
“Rape is a crime that has a severe effect on women and society. A victim of rape suffers from trauma and has to live with it for the rest of her life. It is an infringement of a person’s right to live a dignified life.”
This statement underscores the court’s acknowledgment of the profound and lasting impact of rape on its victims.
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Furthermore, the court emphasized a fundamental sentencing principle: “The imposed sentence should always align with the gravity of the crime and be justified based on its appropriateness and proportionality.” This perspective led to the modification of Father Figarez’s sentence, reflecting a nuanced approach to justice that considers both the severity of the crime and the principles of sentencing.
The High Court also addressed the case of Silvester Figarez, the brother of Father Figarez, who was initially convicted for harbouring the accused. The bench clarified,
“There was no evidence to infer that Silvester had harboured Fr Pigarez from legal punishment.”
Consequently, Silvester’s conviction was set aside, leading to his acquittal.
The case has broader implications beyond the courtroom, shedding light on systemic issues within the church and societal responses to sexual abuse. The High Court’s ruling not only addresses the specifics of the legal case but also contributes to the ongoing dialogue about accountability, justice, and protection for victims of sexual abuse.
The reduction of Father Figarez’s sentence and the acquittal of his brother have sparked diverse reactions, reflecting the complexities involved in balancing justice for the victim with legal principles. As the community and the nation reflect on this case, the conversation extends beyond the courtroom to address the systemic changes needed to protect children and ensure that justice is served comprehensively.
This case of Father Edwin Figarez remains a poignant reminder of the challenges faced in combating sexual abuse and highlights the long road ahead in ensuring a safe environment for all children, particularly within institutions meant to be sanctuaries of trust and safety.
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