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Sexual assault consists of any sexual offense involving violence, constraint, threat or surprise.
Legal SourceCriminal Code, Article 222-22
Legal provisions on protection ordersNo legal provision
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- France
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The imposition on a person, of repeated remarks or behaviour of a sexual nature that impairs her/his dignity because of their degrading or humiliating character, or creates an intimidating, hostile or offensive situation.
ObservationsIs considered sexual harassment, even if not repeated, the use of any form of strong pressure in order to obtain acts of a sexual nature, be it in favour of the perpetrator or of a third party.
Legal SourceLaw n° 2012-954 of 2012
Legal provisions on protection ordersNo legal provision
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- France
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Harassing one’s spouse, or partner under a civil solidarity pact, or partner, through repeated acts resulting in harming the physical and mental health of that person, is punished by three years' imprisonment and a fine of € 45 000.The same penalties are incurred when the offense is perpetrated by a former spouse or former partner of the victim, a former partner or previously linked to by a civil solidarity pact. (Art. 222-33-2-1)
Legal SourceLaw n° 2010-769, 9 July 2010
Legal provisions on protection ordersNo legal provision
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- Germany
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Legal provisions on protection ordersCivil Protection Orders: Violence Protection Act:
Protection orders do not require or depend on any specified relationship, but can be taken out to provide safety from any person who has intentionally and tortious injured the body, the health or the liberty of another. This provision explicitly also applies to stalking and threats of bodily harm or illegal restraint. (§ 1 Gewaltschutzgesetz)
Eviction orders are also in this cases (i.e. intentionally and tortious injuring the body, the health or the liberty of another; also in cases of threats of bodily harm or illegal restraint) are possible, if the victim and the perpetrator are living together in a household. The duration of the eviction depends on the ownership of the apartment or the lease contract (leased together, one partner alone); generally duration 6 month. (§ 2 Gewaltschutzgesetz)
Both orders could be issued as a temporary order in expedited proceedings
Protection order by the police
The Police laws of the Länder allows the police to remove perpetrators for 7 - 14 days in cases of physical violence, threats of violence and stalking and can cover the victims dwelling and the surrounding area. These orders are issued to prevent further violence.
Protection order in criminal cases
Criminal law protection orders are available. Generally these are issued in cases of a suspension of the sentence on probation.
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- Germany
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ObservationsThere does not exist a legal definition, but a policy definition is used by federal and state governments.
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- Germany
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In especially serious cases the penalty shall be imprisonment of not less than two years. An especially serious case typically occurs if
- the offender performs sexual intercourse with the victim or performs similar sexual acts with the victim, or allows them to be performed on himself by the victim, especially if they degrade the victim or if they entail penetration of the body (rape); or
- the offence is committed jointly by more than one person.
ObservationsOffence of rape together with sexual assault. Sexual assault and rape used to be treated as separate offences in the past.
Legal SourceCriminal Code, Section 177 (2)
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- Germany
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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 SourceCriminal Code, Section 177, Paragraph 1
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- Germany
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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 SourceFirst 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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- Germany
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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 SourceCriminal Code, Article 238 and Violence Protection Act,Article 1 Paragraph 2
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- Greece
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In Greece, "domestic violence" is the commission of one of the following offences against a family member (Articles 6, 7, 8 and 9 of this act and Articles 299 and 311 of the Criminal Code):
- Domestic physical injury
- Domestic illegal violence and threat
- Rape and abuse in lewdness (lechery)
- Sexual abuse
- manslaughter by intention
- fatal injury
ObservationsIn the framework of the Domestic violence law, the definition of family or family in a wider definition includes spouses or parents and relatives first and second degree by blood or by marriage and by adoption children. The term “family” includes, where there is cohabitation, relatives by blood or marriage to the fourth degree and persons whose commissioner, court attendant or foster parent are designated as family member, and any minor person who lives in the family. The provisions of this law apply to a permanent companion of the man or the woman and the children, common or one of them, provided they cohabit. They also apply to the former wives and husbands.
Victim of domestic violence is also the member, in whose family was committed manslaughter by intention and fatal injury (Criminal Code, Articles 299 and 311), and the minor who witnessed one of the offenses of domestic violence.
Additionally, in the framework of the domestic sexual abuse, offender is the one who works in social care provider institution when the act is directed against a person, who receives services from that institution.
This act includes also measures for physical violence against a minor as a means of punishment in the upbringing. However, the domestic violence law does not include the former intimate partner violence.
Legal SourceAct 3500/2006
Legal provisions on protection ordersThe law describes the legal provisions, the prosecution, the protection orders and provisions for the victim’s assistance.
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- Greece
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The use of physical violence or threat by person A to force person B to intercourse or other lewd acts or tolerance of them.
ObservationsSpecial circumstance: Anyone with abuse of insanity another or incapacity to resist acting on that intercourse or other lewd acts (Criminal Code, Article 338)
Legal SourceCriminal Code, Article 336
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- Greece
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Lewd gestures or suggestions regarding lewd acts brutally offending the dignity of another person in the field of sexual life.
ObservationsRelated information:
- An adult, who via the internet or other means of communication, acquires contact with anyone who has not completed fifteen years, gestures or indecent proposals, offends the dignity of a minor in the field of sexual life.
- Anyone who abuses the insanity or incapacity to resist of another offends the dignity of this person in the field of sexual life with lewd gestures or suggestions relating to lewd acts.
Legal SourceCriminal Code, Articles 337 and 338
144 items / 12 pages