Morgan Stanley
India | Friday, 25 July 2008
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Austria case revives European debate on light prison terms

By William J. Kole
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Posted 01 May 2008 @ 08:11 am GMT

Police say Josef Fritzl left a lot of human wreckage in his wake: the daughter he imprisoned and raped for 24 years, the seven children he fathered with her and the wife whose life he shattered.

Members of a forensic team talk with a policeman in front of the house of Josef Fritzl in Amstetten, Lower Austria, on Wednesday, April 30, 2008
Members of a forensic team talk with a policeman in front of the house of Josef Fritzl in Amstetten, Lower Austria, on Wednesday, April 30, 2008. Authorities say the young woman whose sickness triggered discovery of an Austrian family terrorized by d...

Yet, for an atrocity that has stunned the world, he may wind up serving just 15 years in prison if charged, tried and convicted.

Practically speaking, that may translate into a life sentence for Fritzl, 73. But his case has revived a debate over Europe's lenient penal system and whether harsher, U.S.-style sentencing guidelines might help deter such heinous crimes.

"Fifteen years for destroying human lives is unacceptable," said Harald Vilimsky, a public safety policy official with Austria's conservative Freedom Party. "Any punishment that falls a single day short of a life sentence is a mockery of the victims."

Many Europeans abhor the death penalty, and capital punishment is illegal across the 27-nation EU. But in many countries, even convicted murderers handed life sentences seldom serve more than 25 years.

Sweden has life imprisonment for murder, but the sentencing guidelines go as low as 10 years. That applies in theory at least even to serial killers.

In Germany, convicted rapists are punished with sentences of six months to five years. Serial cases, and those involving weapons or death threats, can fetch up to 10 years in prison but also as little as 12 months.

Poland's maximum for rape is 15 years, and that would apply even for sexual assaults repeatedly carried out over two dozen years as alleged in the Austrian case. The standard time served- Two to 12 years.

"It's rare that anyone serves the full sentence in Europe," said James Whitman, a professor of comparative and foreign law at Yale. "It's expected that people are let out early."

In the U.S., by contrast, first-degree rape is punishable by up to life imprisonment in states ranging from Maryland to South Dakota.

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