The Dzerzhinsky District Court of St. Petersburg ruled that an eight-year-old Russian woman should live in Australia with an LGBT mother accused of sexually assaulting her daughter.
The judge ruled that within two days the girl, a Russian citizen, should be expelled from the country.
This was reported to RT by the girl's lawyer Gennady Alekseev.
According to him, there were many violations in the case.
The court also refused to conduct psychological-pedagogical, psychological-psychiatric and linguistic examinations and interrogate witnesses, and the girl’s desire to live with her father in Russia was not taken into account by the judge, he noted.
“There is not just a violation, but a violation upon violation.
We questioned the possibility of considering the case in the Dzerzhinsky court.
The case should be considered at the place of residence of the defendant, and the defendant lives in another area, says Alekseev.
- In the case there are materials about the initiation of a criminal case.
The mother is in the status of the accused, and the daughter is in the status of the victim.
It is with sadness that we have to state that the court, in an expedited manner, within two days, expels the victim of a sexual crime to Australia, accused in the hands.
According to the lawyer, he does not know what the court relied on when it made such a decision, and now he will have to appeal the verdict "blindly" because of the speed of execution.
“I was surprised by the position of the representative of the prosecutor's office that the child should be sent to Australia.
The prosecutor's office is the supervisory body that monitors the observance of the Constitution, and the Constitution prohibits such forced expulsion of Russian citizens and does not provide for their extradition,” says Alekseev.
“Moreover, the girl was brought to such an extent with this LGBT that she gets hysterical if her mother demands to talk to her.
She remembers what things she and her friend did to her.”
The decision of the court also caused bewilderment among the central apparatus of the Russian Investigative Committee.
“The opinion of a girl who wanted to live with her father in Russia was ignored, as were the provisions of the Constitution of the Russian Federation that enshrine traditional family values and protect the institution of marriage as a union of a man and a woman.
In this regard, the chairman of the Russian Investigative Committee, Alexander Ivanovich Bastrykin, intends to appeal to the Prosecutor General's Office and the Supreme Court of the Russian Federation.
The Investigative Committee of Russia always proceeds from the priority of protecting the rights of minors, and in this case it is necessary to do everything possible to ensure the safety of the child, ”said Svetlana Petrenko, official representative of the Russian Investigative Committee.
In addition, the chairman of the Russian Investigative Committee instructed to transfer to the central office a criminal case against an Australian citizen who is accused of committing acts of a sexual nature (paragraph “b” of part 4 of article 132 of the Criminal Code of the Russian Federation) in relation to her daughter.
The progress of the investigation is under control.
LGBT mother
Previously, RT told the story of the girl's family.
Her father Eugene (name changed. -
RT
) came to Australia in the 1990s with his parents.
There he graduated from the university with a degree in IT security.
Later, he met a girl of Filipino origin named Maria (name changed. -
RT
), and then married her.
In 2013, the couple had a daughter, Varya (name changed. -
RT
).
According to Eugene, when her daughter was three months old, her wife refused to sit with her and took up a career.
Two years later, the couple separated, but did not formalize the divorce.
The reason was the betrayal of Mary, said the man.
The parents discussed the terms of custody of their daughter in a pre-trial order: Varya spent 90% of the time with her father, and 10% with her mother.
In December 2016, the man decided to restore relations with his wife "for the sake of his daughter."
However, Maria told her husband that she had become a lesbian and was living with her partner.
In April 2017, Varya told her father how her meetings with her mother and her friend were going.
“The daughter said that she bathed in the same bath with the partner of Mary, who was naked.
When the daughter slept in the same room with them, she witnessed them having sex.
The partner allegedly always kissed Varya on the lips, said that she should wear clothes without panties, and forced her to watch shows with gays, lesbians, transgenders and transvestites.
They also told their daughters about the castration of men and artificial insemination,” says Evgeny.
The man went to the police, and then to the court, which deals with sexual crimes, but they did not consider the case.
The man is sure that inaction was influenced by the fact that in December 2017 same-sex marriage was legalized in Australia.
Eugene believed that his wife wanted to get custody of her daughter for selfish purposes - in Australia, single mothers are paid benefits.
In March 2018, the court determined the order of communication with the child in equal shares - 50 to 50. According to the man, communication with the mother had a depressing effect on the girl, she began to have health problems.
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In 2019, the couple filed for a formal divorce.
Eugene and his daughter came to Russia to see relatives.
On the trip, the girl told her father about other cases of her "communication" with her mother and her partner.
After that, Eugene decided not to return to Australia and filed a lawsuit to determine the place of residence of the girl.
In May 2021, he filed a lawsuit to limit parental rights to his ex-wife.
However, Maria did not back down.
Her lawyers said that the girl must be returned to her mother on the basis of the Hague Convention on Child Abduction.
On September 3, 2021, the Dzerzhinsky Court of St. Petersburg ruled that Varya was being illegally detained in Russia and ordered that the girl be returned to her mother immediately.
Eugene appealed this verdict.
According to Alekseev, although Russia has entered into an agreement under the Hague Convention, it is necessary to conclude a pair agreement specifically with Australia, and such an agreement has not yet been signed.
According to the lawyer, on January 9, 2022, the Vyborg department of the Leningrad Region Investigative Committee opened a criminal case against Maria at the request of Yevgeny.
RT turned to Sky Lawyers, whose lawyers represent Maria's interests, for comment, to managing partner Lyudmila Yablokova.
She said that she would be able to comment only after the permission of the client, which had not yet been received.