Tag Archives: postural asphyxia

Man who ‘raped woman to death’ is convicted of manslaughter and rape

Man who ‘raped woman to death’ is convicted of manslaughter and rape

In January 2013, Virginja Jurkiene, 49, posted a ‘lonely hearts’ advert.Dainotas Doblys, 48, answered the advert and the pair agreed to meet.

They went to the Hare and Hounds Hotel in North Brink. They went to buy alcohol and food from a local shop, and then returned to the hotel.

The following day, Doblys informed the hotel reception staff that Virginja was dead in the hotel room.

The BBC reported that a post-mortem examination revealed Ms Jurkiene had died from “suffocation in conjunction with severe alcohol intoxication”.

In court, the cause of death was described as postural asphyxia – essentially, Virginje had suffocated due to the position her body was in. Doblys told the police he had penetrated her for 4-5 hours. Injuries to both indicated this was from behind.

Virginje had suffered numerous injuries and was found face down in a pool of her own blood. There were significant injuries to her vagina and the mucosa of her rectum had been removed to a depth of 8cm.

The trial

Doblys denied murder and rape and said the two had had consensual sex.

The prosecution case was essentially that Doblys had ‘raped Virginje to death’. They brought the case on the basis that he had murdered her – not intending to kill, but intending to cause her really serious harm. They also alleged two counts of rape, anal and vaginal

The BBC reported: Felicity Gerry, prosecuting, said: “The multiplicity and significant nature of injury leads to an inevitable inference that the defendant intended to cause really serious harm.

“All the evidence indicates he kept assaulting her until she was dead and probably beyond.”

She said Ms Jerkiene died long before she was found and “the pathology is that she would have been semi-conscious or unconscious and therefore incapable of consent” .

Virginje was a heavy drinker and was 4.5 times the legal driving limit at the time of her death.

The jury were asked to consider counts of murder and rape (x2). Manslaughter was an alternative verdict to the murder count on the basis that the rapes were unlawful acts and Doblys was responsible for her death even if he did not intend to kill.

Verdicts

Dainotas Doblys was found not guilty of murder but guilty of manslaughter and rape (two counts).

Sentences

The maximum sentence for rape and for manslaughter is life imprisonment.

Doblys will be sentenced on 2 September 2013. We will return to the case then.