144 items / 12 pages
A person’s actions against the other person’s will to satisfy the former person’s sexual desires through anal, oral or interfemoral intercourse by using physical violence or by threatening the immediate use thereof or by otherwise depriving the victim of a possibility of resistance or by taking advantage of the helpless state of the victim.Legal Source
Criminal Code, Article 150Legal provisions on protection orders
No legal provision
A person who, in seeking sexual contact or satisfaction, harasses a person subordinate to him in office or otherwise by vulgar or comparable actions or by making offers or hints shall be considered to have committed a misdemeanour and shall be punished by a fine or by restriction of liberty or by arrest.
According to Article 1 of the Law on Equal Opportunities of Women and Men, sexual harassment is defined as offensive verbal or physical, conduct of sexual nature, towards a person with whom there are work, business or other relations of subordination. There is a general definition of harassment in the same law that unwanted conduct related to the sex of a person that occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, humiliating or offensive environment.Observations
Definition of sexual harassment, provided in the Directives, is completely transposed to the national legislation of Lithuania.
Related information: Subparagraph 5 of Article 235(2) of the Labour Code defines violation of equal opportunities of women and men or sexual harassment as a gross breach of work duties for which the violator may be imposed a disciplinary sanction (a warning, a reprimand, dismissal from work).Legal Source
Criminal Code, Article 152; Law on Equal Opportunities for Women and Men (1998); Law on Equal Opportunities (2005) and Labour Code (2003)Legal provisions on protection orders
No legal provision
A person who threatens to murder a person or cause a severe health impairment to him, where there is a sufficient basis for believing that the threat may be fulfilled shall be punished by community service or by a fine or by restriction of liberty or by arrest or by imprisonment for a term of up to two year. Any person who terrorises a person by threatening to blow him up, to set him on fire or to commit another act dangerous to his life, health or property or who systematically intimidates the person by using mental coercionshall be punished by imprisonment for a term of up to four yearsLegal Source
Criminal Code, Article 145Legal provisions on protection orders
No legal provision
Legal provisions on protection orders
Expulsion of the author of violence from the domestic residence, in principle for 10 to 15 days
No specific definition, it falls under domestic violence or another form of violence to all persons who live, or have lived, together (Law of the 8th September 2003)Legal provisions on protection orders
Expulsion of the author of violence from the domestic residence, in principle for 10 to 15 days.
Any act of sexual penetration, of whatever nature, by any means whatsoever, committed on a person who does not consent, including using violence or serious threats by ruse or artifice, or abusing a person incapable of giving consent or free to oppose resistance, constitutes rape and shall be punished by imprisonment of five to ten years.Legal Source
Criminal Code, Article 375
Luxembourg uses the term "indecent assault": any indecent assault committed without violence or threats of persons of either sex shall be punished by imprisonment from one month to two years and a fine of 251 to 10,000 euros.Observations
Special circumstances (in the same legal provision):
- The indecent assault committed with violence or threats of persons of either sex shall be punished by imprisonment for one to five years and a fine of 251 to 20,000 euros.
- The indecent assault, committed on a person or with the person of a child of one sex or the other, under the age of sixteen years shall be punished by imprisonment of one to five years and a fine of 251 to 50,000 euros.
- The penalty shall be imprisonment of five to ten years, if the attack was committed with violence or threats, or if the child was under 11 years.
Criminal Code, Article 372 and 373
Constitutes sexual harassment at the time of labour relations under this chapter: any behaviour of a sexual nature or other conduct based on sex which one who is guilty of it knows or should know that it affects the dignity of a person, when the following conditions are met: 1) the behaviour is unwanted, unwanted, unreasonable and offensive to the person who is the subject;2) the fact that a person refuses or accepts such behaviour on the part of the employer, an employee, customer or supplier is used explicitly or implicitly as a basis for a decision affecting the rights of the person in vocational training, employment, job retention, promotion, salary or any other employment decision and 3) such conduct creates an intimidating, hostile, degrading, humiliating or offensive to the person who is the subject.Observations
The target behaviour can be physical, verbal or non-verbal.The intent of the behaviour is alleged.Legal Source
Labour Code, Article 245-2
Whoever repeatedly harassed a person when he knew or should have known that by this behaviour seriously affect the tranquillity of the person, shall be punished with imprisonment of fifteen days to two years and a fine of 251 to 3,000 euros, or one of these penalties.Legal Source
Criminal Code,Article 442-2.Legal provisions on protection orders
The anti-stalking law does not specifically provide for stalking victim protective orders.
In Malta, "domestic violence" means: any act of violence, even if only verbal, perpetrated by a household member upon another household member and includes any omission which causes physical or moral harm to the other.Observations
"Household member" includes: (i) persons married or formerly married to eachother; (ii) persons living in the same household as theoffender or who had lived with the offenderwithin a period of one year preceding theoffence; (iii) persons whose marriage has been dissolved ordeclared null; (iv) parents and their children; (v) other adults sharing the same household; (vi) persons who are, or have been, formally orinformally engaged with a view to get married; (vii) persons who are related to each other either byconsanguinity or affinity up to the third degreeinclusively; (viii) persons having or having had a child incommon; (ix) the child conceived but yet unborn of any one of the persons mentioned in paragraphs (i) to (viii).Legal Source
Domestic Violence Act,Chapter 481Legal provisions on protection orders
Criminal Code, Article 412c
Whosoever shall, by violence, have carnal knowledge of a person of either sex, shall, on conviction, be liable to imprisonment for a term from three to nine years, with or without solitary confinement.Legal Source
Criminal Code, Article 198Legal provisions on protection orders
Criminal Code, Article 412C
Whosoever shall be guilty of any violent indecent assault which does not, in itself, constitute any of the crimes, either completed or attempted, referred to in the preceding articles of this subtitle, shall, on conviction, be liable to imprisonment for a term from three months to one year.Observations
Special circumstance: in the cases referred to in article 202, the punishment shall be increased by one degree.Legal Source
Criminal Code, Section 207Legal provisions on protection orders
Criminal Code, Section 412C