Criminal offences against sexual freedom
Criminal offences against sexual freedom protect sexual integrity and sexual self-determination, i.e. the freedom of a person to choose the place, time, manner and person with whom they will have sexual relations.
Legal description of the criminal offences
Article 153, Criminal Code:
Rape
(1) Whoever engages in sexual intercourse or an equivalent sexual act with another person without this person's consent, or whoever induces another person to engage, without their consent, in sexual intercourse or an equivalent sexual act with a third person or to perform, without their consent, a sexual act equated to sexual intercourse upon themselves, shall be punished by imprisonment for a term between one and five years.
(2) Whoever commits the offence referred to in paragraph (1) of this Article by the use of force or by threat of an imminent attack on the life or limb of the raped or other person shall be punished by imprisonment for a term between three and ten years.
(3) A perpetrator who was avoidably mistaken as to the existence of consent referred to in paragraph (1) of this Article shall be punished by imprisonment for a term not exceeding three years.
(4) A perpetrator who was avoidably mistaken as to the existence of consent referred to in paragraph (2) of this Article shall be punished by imprisonment for a term between one and five years.
(5) Consent referred to in paragraph (1) of this Article shall be deemed to have existed if the person had decided of their own free will to engage in sexual intercourse or an equivalent sexual act and was capable of making and expressing such a decision. It shall be deemed that no such consent existed in particular if the sexual intercourse or the equivalent sexual act was performed by the use of force or threat, by deception, by abusing one's position towards a person who is in a situation of dependence with respect to the perpetrator, by exploiting a person's condition due to which the person was unable to express their refusal, or if it was performed against a person unlawfully deprived of liberty.
Legal description of the criminal offences
Article 153, Criminal Code:
Rape
(1) Whoever engages in sexual intercourse or an equivalent sexual act with another person without this person's consent, or whoever induces another person to engage, without their consent, in sexual intercourse or an equivalent sexual act with a third person or to perform, without their consent, a sexual act equated to sexual intercourse upon themselves, shall be punished by imprisonment for a term between one and five years.
(2) Whoever commits the offence referred to in paragraph (1) of this Article by the use of force or by threat of an imminent attack on the life or limb of the raped or other person shall be punished by imprisonment for a term between three and ten years.
(3) A perpetrator who was avoidably mistaken as to the existence of consent referred to in paragraph (1) of this Article shall be punished by imprisonment for a term not exceeding three years.
(4) A perpetrator who was avoidably mistaken as to the existence of consent referred to in paragraph (2) of this Article shall be punished by imprisonment for a term between one and five years.
(5) Consent referred to in paragraph (1) of this Article shall be deemed to have existed if the person had decided of their own free will to engage in sexual intercourse or an equivalent sexual act and was capable of making and expressing such a decision. It shall be deemed that no such consent existed in particular if the sexual intercourse or the equivalent sexual act was performed by the use of force or threat, by deception, by abusing one's position towards a person who is in a situation of dependence with respect to the perpetrator, by exploiting a person's condition due to which the person was unable to express their refusal, or if it was performed against a person unlawfully deprived of liberty.