Legal Definitions in the EU Member States

Occurs when a person and their children are subject to physical, psychological or sexual violence in their family or are repeatedly persecuted and harassed (stalked).

A rape is committed if the deed has been a coitus or any other form of penetration. The victim of a rape has to be coerced by force, by deprivation of her/his liberty, or by dangerous threat either to perform or to tolerate the coitus.

Sexual assault occurs when a person is coerced by force or dangerous threat to perform or tolerate a sexual act that does not fall under rape according to Section 201 of the Criminal Code.

Touching the victim’s sexual characteristics or committing a sexual act in front of the victim.

In Austria, stalking is defined as “persistent persecution”. Criminal law distinguishes four types of stalking, for each of them imprisonment up to one year can be imposed: a) trying to come close to the victim, b) contacting the victim by repeated letters, phone calls, emails, or SMS, c) ordering goods or services for the victim using her/his personal data and d) make other persons contact the victim using the victim’s personal data.

Any form of physical (e.g. intentional assault and battery), sexual (rape of modesty and rape), psychological (stalking and insults) or economic violence (e.g. abandonment of family) between spouses or persons who live together or have lived together and between a stable emotional and sexual relationship exists or existed.

Any act of sexual penetration, regardless of its nature and by whatever means, committed against a non-consenting person, represents a crime of rape. Consent is not considered to have been given, if the crime is committed by violence, coercion or deceit, or is made possible by the infirmity or physical or mental impairment of the victim.

Indecent assault is defined in terms of use of violence or threats for adults.

"Sexual harassment at work" is defined as any unwanted conduct related to the sex of a person of any form of unwanted verbal, non-verbal or physical conduct with a sexual connotation with the purpose or effect that the dignity of the person is being violated, especially when a threatening, hostile, insulting, humiliating or offensive situation is being created.

The repeatedly pursuing, watching or harassing of a person in a way this person perceives to be disturbing, worrying or tormenting.

In Bulgaria, intimate partner violence is included under "domestic violence": any act of physical, mental, sexual, emotional or economic violence and any attempted such violence, as well as the forcible restriction of individual freedom and rights and of private life, carried out against individuals who have kinship ties, who have or have had family relation or are or were cohabiting partners. In addition any act of domestic violence in presence of a child is considered mental and emotional violence against him/her.

Sexual intercourse with a female who is unable to defend herself and without her consent; by force or threat of force or by bringing her into a helpless state. This act is punishable with imprisonment of two to eight years.