Czech Republic - Sexual Assault (excl. rape)

In the Czech Republic, sexual assault is covered by several offences:

Sexual Coercion

• 1. Whoever forces other person by violence or threat of immediate violence or threat of other serious injury to health to self-gratification, denudation or other similar behaviour, shall be sentenced to a term of imprisonment of six months up to four years or prohibition of activity.
• 2. The same sentence shall be imposed on a person who shames induces another to sexual intercourse, self-gratification, denudation or other similar behaviour while abusing another’s dependence, defencelessness or his/her own status and credibility and authority arising there from.
• 3. An offender shall be sentenced to a term of imprisonment of one year up to five years if he/she commits an act given in paragraph (1) and (2)
  • d. against a child, or
  • e. at least with two persons.
• 4. An offender shall be sentenced to a term of imprisonment of two years up to eight years if
  • d. he/she commits an act given in paragraph (1) with a weapon,
  • e. he/she commits an act given in paragraph (1) or (2) 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, or
  • f. he/she commits such act as a member of organized group.
• 5. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if
  • d. he/she commits an act given in paragraph (1) against a child under the age of fifteen years, or
  • e. he/she causes through such act severe injury to health.
• 6. An offender shall be sentenced to a term of imprisonment of ten years up to fifteen years if he/she causes death through an act given in paragraph (1) or (2).
• 7. Preparation is punishable.

Sexual Abuse

• 1. Whoever has sexual intercourse with a person under the age of fifteen years, or who sexually abuses such person in any other way, shall be sentenced to a term of imprisonment of one year up to eight years.
• 2. 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) against a child under the age of fifteen years under his/her supervision, thereby abusing such person’s dependence or his/her own status and credibility and authority arising there from.
• 3. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes severe injury to health through an act given in paragraph (1).
• 4. 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).
• 5. Preparation is punishable.

Abuse of an entrusted person

• 1. Whoever abuses a person who is in his/her care or upbringing shall be sentenced to a term of imprisonment of one year up to five years.
• 2. An offender shall be sentenced to a term of imprisonment of two years up to eight years,
  • a. if he/she commits an act given in paragraph (1) in especially cruel or harrowing manner,
  • b. if he/she causes through such an act severe injury to health,
  • c. if he/she commits such an act to at least two persons, or
  • d. if he/she commits such an act for longer time.
• 3. An offender shall be sentenced to a term of imprisonment of five years up to twelve years if he/she causes through an act given in paragraph (1)
  • a. a severe injury to health to at least two persons, or,
  • b. death.