Whoever forces another person by violence or threat of violence or threat of other serious harm to take part in sexual intercourse, or whoever abuses his/her inability to defend him/herself for such purpose, shall be sentenced to a term of imprisonment of six months up to five years.
Legal provisions on protection orders
The general personal injunction (Code of Civil Procedure, Section 76b(1)b) could be used in theory to prevent contact between the perpetrator and the victim. However, it has not been used so far.
Legal Source
Criminal Code, Section 185
Observations
Special circumstances (in the same legal provision):
- An offender shall be sentenced to a term of imprisonment of two years up to ten years if he/she commits an act given in paragraph (1)a. through coitus or other sexual intercourse done in a way comparable to coitus,b. against a child, orc. with a weapon.
- An offender shall be sentenced to a term of imprisonment of five years up to twelve years ifa. he/she commits an act given in paragraph (1) against a person under the age of fifteen years,b. he/she commits such act against a person taken into custody, being imprisoned, undergoing preventive treatment, being in protective detention, being placed into protective or institutional training or in similar institution where individual freedom is restricted, orc. he/she causes through such act severe injury to health.
- An offender shall be sentenced to a term of imprisonment of ten years up to sixteen years if he/she causes death through an act given in paragraph (1).
- Preparation is punishable.