Legal Definitions in the EU Member States
This resource includes the legal definitions of different types of gender-based violence used in EU Member States, according to their legal terminology and national legislation. It was last updated in 2019 and makes a reference to the United Kingdom as a member state of the European Union.
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GermanyViolence, JusticeSexual Assault (excl. rape)
Whosoever coerces another person, by force, by threat of imminent danger to life or limb, or by exploiting a situation in which the victim is unprotected and at the mercy of the offender, to suffer sexual acts by the offender or a third person on their own person or to engage actively in sexual activity with the offender or a third person, shall be liable to imprisonment of not less than one year.
Legal Source:Criminal Code, Section 177, Paragraph 1
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GermanyViolence, JusticeSexual Harassment
Sexual Harassment is no separate criminal offense; it could be libel and slander:
Libel and slanderArt. 185 StGB
Insult: An insult shall be punished with imprisonment not exceeding one year or a fine and, if the insult is committed by means of an assault, with imprisonment not exceeding two years or a fine.Art. 186 StGB
Defamation: Whosoever asserts or disseminates a fact related to another person which may defame him or negatively affect public opinion about him, shall, unless this fact can be proven to be true, be liable to imprisonment not exceeding one year or a fine and, if the offence was committed publicly or through the dissemination of written materials (section 11(3)), to imprisonment not exceeding two years or a fine.Art. 187 StGB
Intentional defamation: Whosoever intentionally and knowingly asserts or disseminates an untrue fact related to another person, which may defame him or negatively affect public opinion about him or endanger his creditworthiness shall be liable to imprisonment not exceeding two years or a fine, and, if the act was committed publicly, in a meeting or through dissemination of written materials (section 11(3)) to imprisonment not exceeding five years or a fine.The Antidiscrimination Law provides a legal definition for sexual harassment (in the context of harassment at the workplace):
“Sexual harassment shall be deemed to be discrimination in relation to Section 2(1) Nos 1 to 4, when an unwanted conduct of a sexual nature, including unwanted sexual acts and requests to carry out sexual acts, physical contact of a sexual nature, comments of a sexual nature, as well as the unwanted showing or public exhibition of pornographic images, takes place with the purpose or effect of violating the dignity of the person concerned, in particular where it creates an intimidating, hostile, degrading, humiliating or offensive environment.”
Legal Source:First legal prohibition in the “Protection of Employees Act”. An evaluation in 2002 found implementation was weak and uneven. As a consequence, the prohibition of harassment was included and expanded in the 2006 General Equal Treatment Act.
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GermanyViolence, JusticeStalking
Criminal Code: Whosoever unlawfully stalks a person by 1) seeking his proximity, 2) trying to establish contact with him by means of telecommunications or other means of communication or through third persons, 3) abusing his personal data for the purpose of ordering goods or services for him or causing third persons to make contact with him, 4) threatening him or a person close to him with loss of life or limb, damage to health or deprivation of freedom, or 5) committing similar acts, and thereby seriously infringes his lifestyle shall be liable to imprisonment not exceeding three years or a fine.
Violence Protection Act: a person unlawfully and with intent unreasonably harasses another person in that he repeatedly stalks that person against that person's expressly stated wishes or hounds that person by means of telecommunications.
ObservationsFirst defined in Germany in Protection Against Violence Act of 2002 which made protection orders available for stalking.
Legal Source:Criminal Code, Article 238 and Violence Protection Act,Article 1 Paragraph 2
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EstoniaGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
In cases of physical abuse and threatening (not specifically VAW), it is possible to apply the restraining order which is defined in the Code of Criminal Procedure, § 141. Temporary Restraining Order.
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EstoniaViolence, JusticeRape
Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation
Legal Source:Criminal Code, Article 141
Legal provisions on protection orders:No legal provision
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EstoniaViolence, JusticeSexual Assault (excl. rape)Observations
There is no specific definition of “sexual assault” in the Criminal Code, however, it lists the following acts as criminal offences: satisfaction of sexual desire by violence (Section 142), compelling person to engage in sexual intercourse (Section 143), compelling person to satisfy sexual desire (Section 143)
Legal Source:Criminal Code, Sections 142 and 143
Legal provisions on protection orders:No legal provision
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EstoniaViolence, JusticeSexual Harassment
Occurs where any form of unwanted verbal, non-verbal or physical conduct or activity of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating a disturbing, intimidating, hostile, degrading, humiliating or offensive environment.
ObservationsThe Gender Equality Act also distinguishes "gender harassment" (Art. 3)
Legal Source:Gender Equality Act, Article 3
Legal provisions on protection orders:No legal provision
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EstoniaViolence, JusticeStalkingLegal provisions on protection orders:
Not defined as crime in the Criminal Code. However, in cases of stalking, it is possible to apply for a restraining order via civil proceedings
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IrelandViolence, JusticeIntimate Partner ViolenceObservations
Intimate Partner / Domestic Violence: "Domestic Violence has not been defined in legislation." However, there is a Domestic Violence Act (1996) which says it is: “an act to make provision for the protection of a spouse and any children or other dependent persons, and of persons in other domestic relationships, whose safety or welfare requires it because of the conduct of another person in the domestic relationship concerned and for that purpose to repeal and re-enact with amendments the provisions of the family law (protection of spouses and children) act, 1981 , to provide for arrest without warrant in certain circumstances, to provide for the hearing at the same time of certain applications to a court under more than one enactment for orders relating to domestic relationships and to provide for other connected matters.”
Legal provisions on protection orders:Barring Order:an order which requires the violent person to leave the family home. The order also prohibits the person from further violence or threats of violence, and from watching or being near your home. It can be applied for by a Barring Order (spouse can apply, cohabitant, parent or child.
Interim Barring Order:an immediate order, requiring the violent person to leave the family home. (put violent person out of home), Protection Order (does not put violence person out of home) safety order, breach of court order.
Safety Order:an order of the court which prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home.
Protection Order:an interim Safety Order.
A breach of any of the above Court Orders is a criminal offence.
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IrelandViolence, JusticeRape
Ireland has two legal definitions of rape:
1.A man commits rape if (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it, and (b) at that time he knows that she does not consent to the intercourse or he is reckless as to whether she does or does not consent to it, and references to rape in this Act and any other enactment shall be construed accordingly.
2. Asexual assault that includes (a) penetration (however slight) of the anus or mouth by the penis, or (b) penetration (however slight) of the vagina by any object held or manipulated by another person.
Legal Source:1.Criminal Law (Rape) Act 1981, Section 2
2.Criminal Law (Rape) (Amendment) Act 1990, Section 4
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IrelandViolence, JusticeSexual Assault (excl. rape)
Sexual assault means an indecent assault on a male or a female.
ObservationsSpecial circumstance: aggravated sexual assault is sexual assault involving serious violence or the threat of serious violence. In common with rape offences, the maximum sentence for aggravated sexual assault is life imprisonment.
Legal Source:Criminal Law (Rape) (Amendment) Act 1990, Section 2
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IrelandViolence, JusticeSexual Harassment
Harassment and sexual harassment. (s.14A of the Employment Equality Act 1998 (as amended by s.8 of the Equality Act 2004)
14A.—(1) For the purposes of this Act, where—
- (a) an employee (in this section referred to as ‘the victim’) is harassed or sexually harassed either at a place where the employee is employed (in this section referred to as ‘the workplace’) or otherwise in the course of his or her employment by a person who is—
- (i) employed at that place or by the same employer,
- (ii) the victim's employer, or
- (iii) a client, customer or other business contact of the victim's employer and the circumstances of the harassment are such that the employer ought reasonably to have taken steps to prevent it,
or
- (b) without prejudice to the generality of paragraph (a)—
- (i) such harassment has occurred, and
- (ii) either—
- (I) the victim is treated differently in the workplace or otherwise in the course of his or her employment by reason of rejecting or accepting the harassment, or
- (II) it could reasonably be anticipated that he or she would be so treated,
the harassment or sexual harassment constitutes discrimination by the victim's employer in relation to the victim's conditions of employment.
(2) If harassment or sexual harassment of the victim by a person other than his or her employer would, but for this subsection, be regarded as discrimination by the employer under subsection (1), it is a defence for the employer to prove that the employer took such steps as are reasonably practicable—
- (a) in a case where subsection (1)(a) applies (whether or not subsection (1)(b) also applies), to prevent the person from harassing or sexually harassing the victim or any class of persons which includes the victim, and
- (b) in a case where subsection (1)(b) applies, to prevent the victim from being treated differently in the workplace or otherwise in the course of the victim's employment and, if and so far as any such treatment has occurred, to reverse its effects.
(3) A person's rejection of, or submission to, harassment or sexual harassment may not be used by an employer as a basis for a decision affecting that person.
(4) The reference in subsection (1)(a)(iii) to a client, customer or other business contact of the victim's employer includes a reference to any other person with whom the employer might reasonably expect the victim to come into contact in the workplace or otherwise in the course of his or her employment.
(5) In this section ‘employee’ includes an individual who is—
- (a) seeking or using any service provided by an employment agency, and
- (b) participating in any course or facility referred to in paragraphs (a) to (c) of section 12(1),
and accordingly any reference to the individual's employer includes a reference to the employment agency providing the service or, as the case may be, the person offering or providing the course or facility.
(6) Where subsection (5) applies in relation to a victim, subsection (1) shall have effect as if for ‘in relation to the victim's conditions of employment’ there were substituted ‘contrary to section 11’ or, as the case may be, section 12.
(7)
- (a) In this section—
- (i) references to harassment are to any form of unwanted conduct related to any of the discriminatory grounds, and
- (ii) references to sexual harassment are to any form of unwanted verbal, non-verbal or physical conduct of a sexual nature,
being conduct which in either case has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
- (b) Without prejudice to the generality of paragraph (a), such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
s.11 of the Equal Status Act 2000 (as amended by s.51 of the Equality Act 2004).7
Sexual and other harassment.
11.- —(1) A person shall not sexually harass or harass (within the meaning of subsection (4) or (5)) another person (“the victim”) where the victim—
- (a) avails or seeks to avail himself or herself of any service provided by the person or purchases or seeks to purchase any goods being disposed of by the person,
- (b) is the proposed or actual recipient from the person of any premises or of any accommodation or services or amenities related to accommodation, or
- (c) is a student at, has applied for admission to or avails or seeks to avail himself or herself of any service offered by, any educational establishment (within the meaning of section 7) at which the person is in a position of authority.
- (2) A person (“the responsible person”) who is responsible for the operation of any place that is an educational establishment or at which goods, services or accommodation facilities are offered to the public shall not permit another person who has a right to be present in or to avail himself or herself of any facilities, goods or services provided at that place, to suffer sexual harassment or harassment at that place.
- (3) It shall be a defence for the responsible person to prove that he or she took such steps as are reasonably practicable to prevent the sexual harassment or harassment, as the case may be, of the other person referred to in subsection (2) or of a category of persons of which that other person is a member.
- (4) A person's rejection of, or submission to, sexual or other harassment may not be used by any other person as a basis for a decision affecting that person.
- (5)
- (a) In this section—
- (i) references to harassment are to any form of unwanted conduct related to any of the discriminatory grounds, and
- (ii) references to sexual harassment are to any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, being conduct which in either case has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
- (b) Without prejudice to the generality of paragraph (a), such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
- (a) In this section—
ObservationsSexual harassment is prohibited as a form of discrimination both in the field of employment under the Employment Equality Acts 1998-2011 and in the supply of and access to goods and services under the Equal Status Acts 2000-2012
Legal Source:Employment Equality Acts 1998-2011 and Equal Status Acts 2000-2012.
- (a) an employee (in this section referred to as ‘the victim’) is harassed or sexually harassed either at a place where the employee is employed (in this section referred to as ‘the workplace’) or otherwise in the course of his or her employment by a person who is—