A man was sentenced to 15 years of imprisonment for violent actions against a woman with disabilities.
According to the case materials posted in the State Register of Judicial Acts, the investigation established that on May 1, 2025, at around 04:30, while in a state of alcohol intoxication, Janbek [name changed J.R.A.] came to visit his acquaintance Asylai. Due to the absence of the hostess, he committed violence against her sister, Asemkan (name changed R.A.M.), who is a second-group disabled person. Despite her resistance and cries for help, he threatened her with a knife, ordering her to be quiet, and committed the rape, after which he fled the crime scene.
The Toguz-Torou District Court found Janbek guilty under part 4 of Article 154 of the Criminal Code (rape) on August 1, 2025, and sentenced him to 15 years of imprisonment, starting from May 2, 2025.
The convicted man's lawyer disagreed with the court's decision and filed an appeal with the Jalal-Abad Regional Court. He argued that the actions of the accused were misclassified, and the first-instance court did not conduct a full investigation of the case, leading to erroneous conclusions. The defense claimed that since Asemkan was not at home, the accused had a conversation with the victim, and the sexual act occurred with her consent.
In this regard, the lawyer requested to change the verdict, reclassifying the actions to part 1 of Article 156 (coercion to sexual acts) and applying probation supervision instead of imprisonment.
At the first-instance court hearing, the accused stated that he was driving a tractor and then, leaving it, joined friends who were drinking alcohol. Around 03:00, he decided not to return home but to stay with Asylai. At that time, he found that Asemkan was in the house, and, frightened, she grabbed a knife. He took the knife away, after which they talked, and according to him, the sexual act occurred with her consent.
Janbek expressed remorse, noting that he has six children and is the sole breadwinner in the family, therefore he asked for a punishment that does not involve imprisonment.
The victim Asemkan testified in court that she lives with her sister. Janbek sometimes came and helped with household chores. On the day of the incident, she was home alone. He came drunk, threatened her, and committed the rape. To make him leave, she took a knife. Asemkan added that despite what happened, she forgave him, as she herself needs help with medications that the accused could provide.
The victim's sister, Asylai, also testified, noting that Janbek sometimes helped them. On the day of the incident, she was not at home, and she learned that he broke a window to get inside. At present, the parties have come to a reconciliation, and the victim filed a statement of reconciliation. Considering the serious condition of her sister and that the accused has six children, she requested his release from custody.
The prosecutor, speaking at the hearing, insisted that Janbek abused Asemkan's helpless condition, as her disability was obvious, and requested that the verdict remain unchanged and the appeal be denied.
On November 22, 2025, the Jalal-Abad Regional Court confirmed the verdict.
On January 26, 2026, the judicial panel of the Supreme Court found the conclusions of the first and appellate instance courts to be correct.
The verdict of the Toguz-Torou District Court from August 1, 2025, and the decision of the Jalal-Abad Regional Court from October 22, 2025, remained unchanged.
The cassation appeal was denied, and the ruling came into force and is not subject to appeal.
