Legal Definitions in the EU Member States

Aggravated forms of rape exist when the victim gets pregnant, dies, suffers sever injuries or is put in an humiliating state over a prolonged period of time. These aggravated forms of rape are accompanied by higher threats of punishment.

The Law of 4 July 1989 amending certain provisions concerning the crime of rape has broadened the definition of rape.

Marital rape is forbidden and condemned by the law in the same way as other forms of rape: it represents an aggravating circumstance in cases of rape.

Penetrative sexual acts with another person by using his/her employment or material dependence on him/her - imprisonment of up to three years (Penal Code, Article 153)

Higher punishment for aggravated rape (e.g., when the victim is under the age of 18, related to the offender, or if it is a repeat offence)

Special circumstances (in the same legal provision):

• Whoever commits the criminal offense referred to in Paragraph 1 of this Article in a particularly cruel or humiliating way, or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim shall be punished by imprisonment for not less than three years.
• If, by the criminal offense referred to in Paragraph 1 of this Article, the death of the raped person is caused, or serious bodily injury is inflicted on the raped person or his health is severely impaired, or the (raped) female becomes impregnated, the perpetrator shall be punished by imprisonment for not less than three years.
• If the criminal offense referred to in Paragraph 1 of this Article is committed against a juvenile, the perpetrator shall be punished by imprisonment for not less than three years.
• If the criminal offense referred to in Paragraphs 2 and 3 of this Article is committed against a juvenile, the perpetrator shall be punished by imprisonment for not less than five years.
• If the criminal offense referred to in Paragraph 2 of this Article causes the consequences referred to in Paragraph 3 of this Article, the perpetrator shall be punished by imprisonment for not less than five years.

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.

Special circumstances (in the same legal provision):

• Also a person who, after rendering another person unconscious or arousing in him or her a state of fear or another such state in which he or she is incapable of defending himself or herself, takes advantage of the incapacity and has sexual intercourse with him or her, shall be sentenced for rape.
• An attempt is punishable.

Aggravated rape (Criminal Code, Chapter 20, Section 2)

• If, in the rape,(1) grievous bodily injury, serious illness or a state of mortal danger isintentionally inflicted on another,(2) the offence is committed by several people, or especially hard mental or physical suffering is caused,(3) the offence is committed in a particularly brutal, cruel or humiliating manner, or(4) a firearm, edged weapon or other lethal instrument is used or a threat of other serious violence is made,and the rape is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated rape to imprisonment for at least two years and at most ten years.
• An attempt is punishable.

Coercion into sexual intercourse (Criminal Code, Chapter 20, Section 3)

• If the rape, in view of the slight degree of the violence or threat and the other particulars of the offence, is deemed to have been committed under mitigating circumstances when assessed as a whole, the offender shall be sentenced for coercion into sexual intercourse to imprisonment for at most three years.
• Also a person who coerces another into sexual intercourse by a threat other than that referred to in section 1, subsection 1 shall be sentenced for coercion into sexual intercourse.
• An attempt is punishable.

Coercion into a sexual act (Criminal Code, Chapter 20, Section 4)

• A person who by violence or threat coerces another into a sexual act other thanthat referred to in section 1 or into submission to such an act, thus essentiallyviolating his or her right of sexual self-determination, shall be sentenced for coercioninto a sexual act to a fine or to imprisonment for at most three years.
• An attempt is punishable.

Offence of rape together with sexual assault. Sexual assault and rape used to be treated as separate offences in the past.

Special circumstance: Anyone with abuse of insanity another or incapacity to resist acting on that intercourse or other lewd acts (Criminal Code, Article 338)