Legal Definitions in the EU Member States

In the Czech Republic, "Maltreatment of a person living in a jointly occupied dwelling" means: whoever maltreats a close person or other person, that lives with him/her in jointly occupied flat or a house shall be sentenced to a term of imprisonment of six months up to four years.

Whoever forces another person by violence or threat of violence or threat of other serious harm to take part in sexual intercourse, or whoever abuses his/her inability to defend him/herself for such purpose, shall be sentenced to a term of imprisonment of six months up to five years.

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.

(Section 2) 3. Direct Discrimination shall mean an act, including omission, where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions.

(Section 3):

• 1. Harassment shall mean any unwanted conduct associated with the grounds specified in Sec. 2, paragraph 3,
  • a. taking place with the purpose or effect of diminishing the dignity of a person and creating an intimidating,, hostile, degrading, humiliating or offensive environment, or
  • b. which could be legitimately perceived as a precondition for a decision affecting the exercise of rights and obligations following from legal relations.
• 2. Sexual harassment shall mean any conduct of a sexual nature under paragraph 1 above.

In the Czech Republic, "dangerous pursuit" is: who pursues another long-term by c.) threatening them or a person close to them with harm to health or another harm; d) seeking their proximity or tracking them; e) persistently contacting them by means of electronic or written or other communication; f) restricting them in their usual lifestyle; g) abusing their personal information in order to secure personal or other contact, and thus instils in another a justified concern for their life or health, or the life or health of persons close to them, will be punished with imprisonment of up to one year or with a ban on an activity.

A person who enforces intercourse by violence or threat of violence, is guilty of rape and can be charged with imprisonment up to 8 years.