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.
The data was collected in 2016 and may have changed since.
- ItalyViolence, JusticeRape
Whoever, by force or by threat or abuse of authority, forcing another person to commit or suffer sexual acts shall be punished with imprisonment from five to ten years.
ObservationsIn February 1996 sexual violence ceased to be a “crime against public morality” and was fully recognized as a "crime against the person". Consequently, the crime of sexual violence is specifically defined by the Penal Code.
Legal Source:Criminal Code, Article 609bis
- ItalyViolence, JusticeSexual Assault (excl. rape)
Italy uses the term "sexual violence", which is: whoever, by force or by threat or abuse of authority, forces another person to commit or suffer sexual acts.
ObservationsThe same punishment will be given to whoever induces another person to commit or suffer sexual acts by: 1) abusing the conditions of physical or mental inferiority of the victim at the time of the event, 2) misleading the victim hiding own identity.
Legal Source:Criminal Code, Article 609bis
- ItalyViolence, JusticeSexual Harassment
continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3) forces the victim(s) to change his/her living habits.
ObservationsIt is considered to bethe same as stalking. In February 2009, Italy adopted an Anti-Stalking Law making a criminal offence, punishable with imprisonment ranging from six months up to four years.
Legal Source:Law Decree 23 February 2009, n. 11, "Misure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonchè in tema di atti persecutori" converted into Law 23 April 2009, n. 38.The same in Art. 612-bis Penal Code: Atti persecutori
- ItalyViolence, JusticeStalking
Any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits".
ObservationsIn February 2009, Italy adopted an Anti-Stalking Law making it a criminal offence, punishable with imprisonment ranging from six months up to four years.
Legal Source:Law 23 April 2009 and Criminal Code,612bis
- CyprusViolence, JusticeIntimate Partner Violence
In Cyprus, intimate partner violence is recognised only within the context of "violence in the family", which means any act, omission or behaviour which causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting its freedom.
ObservationsMember of the family can mean a husband and wife who have been legally married whether the marriage still exists or not, or cohabiting partners; the parents of the cohabiting spouses; the children and/or grandchildren of cohabiting partners and their parents or any person residing with the aforementioned persons. Violence between homosexual couples is not recognised.
The law also clarifies that rape can be committed within marriage.
Legal Source:The Violence in the Family (Prevention and Protection of Victims) Law 119(I) of 2000 and 212(I) of 2004
Legal provisions on protection orders:Violence in the Family (Prevention and Protection of Victims) Law, Article 22:
- The Court may, upon application by a member of the family or by the police or by the prosecutor or by the Attorney-General of the Republic or by a Family Counsellor or by another person acting on behalf of any of the above, issue an interim order restraining the suspect or for the removal of the minor victim until a criminal case against the accused for the criminal offence of violence is filed and tried. Interim order restraining the suspect or removing the victim.
- The Court shall issue an order, at any time, upon an application accompanied by an affidavit sworn by the victim or, in the case of a minor victim, by any other person who is in a position to have direct knowledge of the facts or by any other evidence, causing a prima facie risk for use or repetition of violence, including statements of the victim or other persons in any form, certificates, confirmations and other evidence under this or any other Law.
Article 23: The Court may issue against a person charged for the commission of any offence of violence, under this Law, an order valid for such period and upon such conditions as it may impose, prohibiting such person to enter or remain in the marital home. Such an order shall be called “a restraining order”
- CyprusViolence, JusticeRape
Any person who has unlawful carnal knowledge of a female, without her consent, or with the consent, if the consent is obtained by force or fear of bodily harm, or, in the case of a married woman, by personating her husband, is guilty of the felony termed rape.
Legal Source:Criminal Code, Section 144
Legal provisions on protection orders:There are no special protective measures for victims of rape either during the investigation or during the prosecution.
- CyprusViolence, JusticeSexual Assault (excl. rape)
In Cyprus, the term "abduction" is the one most closely related to sexual assault, which means: any person who, with intent to marry or carnally know a female, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.
ObservationsRelated information:
- Incest: any male person who has carnal knowledge of a female person, irrespective of whether with the consent or not of such female person, who is to his knowledge his granddaughter, daughter, sister or mother shall be guilty of the offence of incest and shall be liable to imprisonment for seven years (Criminal Code, Section 147).
- Indecent assault on females: any person who unlawfully and indecently assaults any female is guilty of a misdemeanour (Criminal Code, Section 151).
- Defilement of girls under thirteen years of age: (1) any person who unlawfully and carnally knows a female under the age of thirteen years is guilty of a felony and is liable to imprisonment for life, and (2) any person who attempts to have unlawful carnal knowledge of a female under the age of thirteen years is guilty of a misdemeanour and is liable to imprisonment for three years (Criminal Code, Section 153).
- Defilement of girls between thirteen and sixteen years of age: any person who unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any female person of, or above, the age of thirteen years and under the age of sixteen years is guilty of a misdemeanour (Criminal Code, Section 154).
Legal Source:Criminal Code, Section 148
Legal provisions on protection orders:No legal provision
- CyprusViolence, JusticeSexual Harassment
Undesirable conduct of a sexual nature or other nature based on sex which offends the dignity of women and men during employment or vocational training or during access to employment or vocational training and is expressed in words or in deeds.
ObservationsIn 2006, the Law on Equal Treatment of Men and Women in Employment and Vocational Training was amended by amending law N. 40(I)/2006 which introduced the concept of harassment without a sexual element. The material scope of the law does not extend beyond employment and vocational training.
Legal Source:The Equal Treatment of men and women in employment and vocational training Law of 2002
Legal provisions on protection orders:No legal provision
- LatviaViolence, JusticeIntimate Partner ViolenceObservations
Regulating acts in Latvia do not provide an exact definition of “violence in the family”; therefore right now it is not possible to separate domestic violence from other offences. It is only possible to receive information about separate offences under the Criminal Law and Administrative Violations Code of Latvia. However, the received information will not always reveal a connection with violence in the family.
In cases of violence against a woman or a minor in the family the guilty party is called to criminal liability according to different Sections of the Criminal Code, taking into account the way the crime was performed, its consequences and other features. Most frequently, the criminal process is instigated for inflicting various (heavy, medium or light) deliberate bodily injuries, (Articles 125-130 of the Criminal Law). It falls to the forensic experts to establish the degree of seriousness of bodily injury. The gravest crime against a woman is murder. Liability for murder is envisaged in several Sections of the Criminal Law. Thus, Section 116 of the Criminal Law envisages liability for murder performed due to personal relationships (jealousy, anger,revenge, etc.), during an argument, a fight and other similar cases without aggravating or mitigating circumstances indicated under Sections 117-122 of the CL. Section 117 of the Criminal Law, states murder of a woman who was raped and the perpetrator was aware of her pregnancy as murder under aggravated circumstances.
Criminal Law; Latvian Administrative Violations Code;Criminal Procedure Law: Law on Police:
Legal provisions on protection orders:Criminal Procedure Law, Section 253: "Prohibition for approaching a specific person or location": (1) Prohibition from approaching a specific person is a restriction upon a suspect or accused, provided for with a decision of a person directing the proceedings, from being located closer than the distance referred to in a decision from the relevant person, from having physical or visual contact with such person, and using means of communication, or techniques for transferring information, in order to make contact with such person. (2) A prohibition from approaching a specific location is a restriction, provided for with a decision of a person directing the proceedings, upon a suspect or accused from visiting the relevant location, or being located closer than the distance referred to in the decision. (3) Approaching a specific person or location shall not be recognised as a violation of the prohibition referred to in Paragraphs one and two of this Section, if such approaching takes place within the framework of criminal proceedings, fulfilling the instructions of a person directing the proceedings.
Law on Police: Section 12. "General Rights of Police Officers": Police officers, in performing duties assigned to them in conformity with the competence of the service, have the right: 10) to arrest, on the basis of a written application, persons in a dwelling who are under the influence of alcohol, narcotic, psychotropic or toxic substances and may cause harm to themselves or persons nearby, as well as in cases when people nearby are afraid to remain alone with such a person and if there is no other basis for their arrest , as well as to keep such persons in custody at a police institution until sober or until the determination of the circumstances, but for not longer than 12 hours.
- LatviaViolence, JusticeRape
For a person who commits an act of sexual intercourse by means of violence, threats or taking advantage of the state of helplessness of a victim (rape), the applicable punishment is deprivation of liberty for a term of not less than two and not exceeding ten years, probationary supervision for a term not exceeding three years.
ObservationsSpecial circumstances:
- For a person who commits rape where commission is by a person who has previously committed rape or commission is by a group of persons, or who commits rape of a minor, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years, with probationary supervision for a term not exceeding three years.
- For a person who commits rape, if serious consequences are caused thereby, or commits rape of an under aged person, the applicable punishment is life imprisonment, or deprivation of liberty for a term of not less than ten years and not exceeding twenty years, probationary supervision for a term not exceeding three years.
Legal Source:Criminal Code, Section 159
- LatviaViolence, JusticeSexual Assault (excl. rape)
For a person who commits pederastic or lesbian or other unnatural sexual acts of gratification, if such acts have been committed using violence or threats or by taking advantage of the state of helplessness of a person, the applicable punishment is deprivation of liberty for a term of not less than two years and not exceeding ten years, and probationary supervision for a term not exceeding three years.
ObservationsSpecial circumstances (in the same legal provision):
- For a person who commits the same acts, if commission thereof is on a minor, or is repeated, or by a person who has previously committed rape, or by a group of persons, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years and with probationary supervision for a term not exceeding three years.
- For a person who commits acts provided for in Paragraph one or two of this Section, if serious consequences are caused thereby, as well as if commission thereof is on an under aged person, the applicable punishment is a life imprisonment or deprivation of liberty for a term of not less than ten years and not exceeding twenty years and probationary supervision for a term not exceeding three years.
Related information:
- For a person who commits an act of sexual connection, or pederastic, lesbian or other unnatural sexual acts of gratification, with a person who has not attained the age of sixteen years and who is in financial or other dependence on the offender, or if such offence has been committed by a person who has attained the age of majority, the applicable punishment is deprivation of liberty for a term not exceeding four years or custodial arrest or community service or a fine not exceeding two hundred times the minimum monthly wage and with or without a probationary supervision for a term not exceeding three years. (Criminal Code, Section 161)
- For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering,the applicable punishment is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty years. (Criminal Code,Section 71.2)
Legal Source:Criminal Code, Section 160
- LatviaViolence, JusticeSexual Harassment
Prohibition of Differential Treatment:(4) Harassment of a person and instructions to discriminate against him or her shall also be deemed to be discrimination within the meaning of this Law. (7) Harassment of a person within the meaning of this Law is the subjection of a person to such actions which are unwanted from the point of view of the person, which are associated with his or her belonging to a specific gender, including actions of a sexual nature if the purpose or result of such actions is the violation of the person’s dignity and the creation of an intimidating, hostile, humiliating, degrading or offensive environment. (8) If the prohibition against differential treatment and the prohibition against causing adverse consequences is violated, an employee in addition to other rights specified in this Law, has the right to request compensation for losses and compensation for moral harm. In case of dispute, a court at its own discretion shall determine the compensation for moral harm.
ObservationsRelated information: Section 7. Principle of Equal Rights. The rights provided for in Paragraph one of this Section shall be ensured without any direct or indirect discrimination – irrespective of a person’s race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances. Article 96 of Constitution of Latvia96. Everyone has the right to inviolability of his or her private life, home and correspondence.
Legal Source:Labour Law, Section 29