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Molestation is an act with the purpose of arousing or satisfying a sexual desire without copulation regarding a person who has accomplished 14 years of age, by using force or threat, availing himself of his/her helpless status or by bringing him to such a status or by taking advantage of dependency or control.
Legal SourceCriminal Code, Article 150
Legal provisions on protection ordersNo legal provision
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- Bulgaria
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- Violence
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Any unwanted conduct of sexual nature expressed physically, verbally or in another way offending the dignity and honour and creating a hostile, offensive, humiliating or impending environment and, in particular, where the refusal or compulsion to accept such conduct may have influence in making decisions affecting the person.
ObservationsThe law explicitly recognises sexual harassment as a form of discrimination and bans it. The EU definition of sexual harassment is fully recognized in the Bulgarian Law on Protection against Discrimination.
Legal SourceLaw on Protection against Discrimination of 2004 andLaw on Protection against Discrimination, Paragraph 1(1)
Legal provisions on protection ordersNo legal provision
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- Bulgaria
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In Bulgaria, stalking is a term used to describe a particular kind of harassment, namely "any unwanted conduct on the discrimination grounds, expressed in a physical, verbal or any other manner, which has the purpose or effect of violating the person’s dignity or creating a hostile, degrading, humiliating or intimidating environment, attitude or practice."
Legal SourceLaw on Protection against Discrimination of 2004, Supplementary provisions, Paragraph 1, Item 2
Legal provisions on protection ordersNo legal provision
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- Croatia
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- Violence
in Croatia, "domestic violence" is any form of physical, mental, sexual or economic violence, in particular: physical violence or the use of physical force, regardless of whether physical injury resulted or not; corporal punishment and other forms of degrading treatment of children in the educational purposes; psychological violence, or the application of psychological pressure that caused a feeling of fear, danger, distress or injury to dignity, verbal violence, verbal assaults, insults, cursing, name calling, or otherwise crude verbal harassment, stalking or harassment through all means of communication or through electronic and printed media or otherwise, or to communicate with third parties, illegal isolation or threat to freedom of movement; sexual violence or sexual harassment or economic violence such as damage or destruction of personal and common property, banning or preventing the use of personal and joint property including the attempts to do so, as well as deprivation of rights or prohibition of having personal income and property acquired by inheritance or personal work at your disposal, exclusion from employment or work, forced economic dependence, denial of funds for maintenance of the common household and care for children or other dependents of a common household.
ObservationsRelated information:
- Bodily Injury (Art. 117): Whoever physically injures another or endangers another person’s health will be sentenced up to one year in prison. Whoever commits an act from section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in the line of duty, will be sentenced up to three years in prison. The criminal act from section 1 of this Article will be prosecuted based on a private lawsuit.
- Heavy Bodily Injury (Art. 118): Whoever physically injures another or endangers another person’s health in a severe way will be sentenced between six months to five years in prison. Whoever commits an act from section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in a line of duty, will be sentenced to between one and eight years in prison.
- Especially Heavy Bodily Injury (Art. 119): If the criminal act from Article 116, Section 1 and 2 and from Article 118, Section 1 of this Law, endangered the injured person’s life or has resulted in the destruction or permanent injury of any of his vital body parts or organs, or in a permanent impediment that causes a diminished ability to work, or permanently and severely affected his or her health, or resulted in permanent disfigurement of any kind, or a permanent inability to reproduce, the perpetrator will be sentenced to imprisonment between one to ten years’ imprisonment. Whoever commits an act from Section 1 of this Article out of hatred, or toward a person close to him/her, or toward a person who is especially vulnerable because of his or her age, physical or mental impediment or pregnancy, or toward an official serving in a line of duty, will be sentenced to imprisonment between one and ten years. Whoever deliberately causes any of the harm under Section 1 of this Article will be sentenced to imprisonment between three and twelve years.
- Coercion (Art. 138): Whoever by force or serious threat coerces another to an action, omission or acquiescence will be sentenced to up to three years of imprisonment. A criminal Act from Section 1 of this Article will be prosecuted through a private lawsuit unless it is committed out of hatred, toward a child or a close person.Threat (Art. 139) Whoever threatens another with harm in order to intimidate (frighten) or upset will be sentenced to up to one year of imprisonment.Whoever seriously threatens to kill another or one close to him or her, or threatens serious bodily injury, kidnapping or deprivation of freedom, or causes harm by fire, explosion, ionized radiation, a weapon, dangerous tools or any other dangerous means, or destroying social status or material assets, will be sentenced to up to three years of imprisonment.If the Criminal Act from Sections 1 and 2 of this Article has been committed toward a person of authority, or against a journalist on duty, or if it is directed toward a larger group of people, or if it caused a major disturbance of the larger population, or if the threats have put the threatened person in a difficult position for a longer duration, the perpetrator will be sentenced to imprisonment between six months and five years.The criminal Act under Section 1 of this article is prosecuted through a private lawsuit, and the criminal Act from Section 2 of this Article is prosecuted upon suggestion, unless the act from Section 1 or 2 has been committed out of hatred, toward a child, a person with a disability or a close person.
- Intrusive behaviour (Art. 140): Whoever consistently and over time follow or watch another person or establish with her or trying to establish with her unwanted contact or in some other way try to so scary her and with that cause anxiety or fear for their safety or the safety of those close to her, shall be punished by imprisonment up to one year.If the criminal offense referred to in Paragraph 1 of this Article is committed against a current or former spouse or common-law spouse or same-sex partner, person with whom the perpetrator was in an intimate relationship or a child, the perpetrator shall be punished by imprisonment up to three year.Criminal offense referred to in Paragraph 1 and 2 this Article is haunted by the proposal, unless it is committed against a child.
- Domestic Violence (Art. 215): A member of the family who by violence, abuse or exceptionally insolent conduct puts another member of the family into a humiliating position shall be punished by imprisonment for six months to five years.
Legal SourceLaw on the Protection from Domestic Violence, Article 4 and Criminal Code
Legal provisions on protection ordersLaw on the Protection from Domestic Violence, Article 11:
- Mandatory psychosocial treatment;
- Prohibition of approaching the victim of domestic violence;
- Prohibition of harassment or stalking the victim of violence;
- Removal from the apartment, house or other living space;
- Mandatory treatment of addiction;
- Seizure of objects intended for or used for committing offenses.
Criminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household.
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- Croatia
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Whoever coerces another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act shall be punished by imprisonment for three to ten years.
ObservationsSpecial circumstances (in the same legal provision):
- Whoever commits the criminal offense referred to in Paragraph 1 of this Article in a particularly cruel or humiliating way, or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim shall be punished by imprisonment for not less than three years.
- If, by the criminal offense referred to in Paragraph 1 of this Article, the death of the raped person is caused, or serious bodily injury is inflicted on the raped person or his health is severely impaired, or the (raped) female becomes impregnated, the perpetrator shall be punished by imprisonment for not less than three years.
- If the criminal offense referred to in Paragraph 1 of this Article is committed against a juvenile, the perpetrator shall be punished by imprisonment for not less than three years.
- If the criminal offense referred to in Paragraphs 2 and 3 of this Article is committed against a juvenile, the perpetrator shall be punished by imprisonment for not less than five years.
- If the criminal offense referred to in Paragraph 2 of this Article causes the consequences referred to in Paragraph 3 of this Article, the perpetrator shall be punished by imprisonment for not less than five years.
Legal SourceCriminal Code,Article 188
Legal provisions on protection ordersCriminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household
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- Croatia
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In Croatia, the term "sexual intercourse without consent" is the one most closely related to sexual assault, which means: whoever performs sexual intercourse or an equivalent sexual act with another person, without her consent, or induces another person, without her consent, to perform sexual intercourse or an equivalent sexual act with a third person, or performs a sexual act equivalent to sexual intercourse on herself, without her consent, shall be punished by imprisonment of six months to five years.
ObservationsSpecial circumstances (in the same legal provision):
- The offender, who was in avoidable misconception regarding the existence of the consent under Paragraph 1 of this Article, shall be punished by imprisonment of up to three years.
- Consent under Paragraph 1 of this Article exists if the person voluntarily decided to enter into sexual intercourse or an equivalent sexual act and who was able to make and express such decision. It is considered that such consent does not exist especially if sexual intercourse or an equivalent sexual act is done with the use of threats, deception, abuse of power against the person who is dependent on the perpetrator, taking advantage of the person who was not able to express their rejection, or of a person who has been illegally abducted/kidnapped.
Related information:
- Lewd Acts (Criminal Code, Article 155): whoever, under the terms of Article 152 of the Criminal Code, when there is no attempt to commit that criminal offense, commits only a lewd act, shall be punished by imprisonment of up to one year. Whoever, under the terms of Article 153 or Article 154 of the Criminal Code, when there is no attempt to commit these criminal offenses, commits a lewd act, shall be punished by imprisonment of up to three years.
- Serious Criminal Acts against Sexual Freedom (Criminal Code, Art. 154): A sentence of imprisonment between one and ten years will be imposed on a person who commits the criminal acts from Article 152, Section 1 of the Criminal Code: 1) towards a person close to him/her, 2) towards a victim who is especially vulnerable because of her/his age, illness, addiction, pregnancy, disability, difficult physical or mental impediment, 3) in a particularly cruel or humiliating way, 4) out of hatred, 5) together with one or more perpetrators who engage in multiple instances of sexual intercourse or equivalent sexual acts against the victim, 6) by using weapons or dangerous tools, 7) In such a way that causes serious bodily injury to the victim or results in pregnancy. Whoever commits the criminal act under Article 153, Section 1 of the Criminal Code will be sentenced to between three and fifteen years’ imprisonment. If the criminal act from Articles 152, Section 1 or 153, Section 1 of the Criminal Code resulted in the death of the person raped, the perpetrator will be sentenced to a minimum of five years’ imprisonment.
- Lewd Acts (Criminal Code, Article 193): whoever, in the cases referred to in Articles 188 to 191 of the Criminal Code, does not attempt to commit a criminal offense and commits only a lewd act, shall be punished by imprisonment for three months to three years. Whoever, in the cases referred to in Article 192 of the Criminal Code, does not attempt to commit a criminal offense and commits only a lewd act or commits the criminal offense referred to in paragraph 1 of this Article against a child or a juvenile shall be punished by imprisonment for six months to five years.
Legal SourceCriminal Code, Article 152
Legal provisions on protection ordersCriminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household
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- Croatia
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- Violence
- Justice
Any verbal, nonverbal, or physical unwanted conduct of a sexual nature which has the purpose or actually constitutes violation of dignity of a person, causing fear, hostile, humiliating or offensive environment.
ObservationsWhoever sexually harasses another person to which he is superior or which according to him is in a relation of dependency or that is especially vulnerable because of age, illness, disability, addiction, pregnancy, serious physical or mental disorders, shall be punished by imprisonment of up to one year.
Legal SourceCriminal Code, Article 156
Legal provisions on protection ordersCriminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household
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- Croatia
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- Violence
- Justice
In Croatia, "intrusive behaviour" is whoever consistently and over time follows or watches another person or establishes or tries to establish with her unwanted contact or in some other way tries to so scare her and, with that, causes anxiety or fear for her safety or the safety of those close to her, shall be punished by imprisonment of up to one year.
ObservationsIf the criminal offence is committed against a current or former spouse, common law spouse, same-sex partner, person with whom the perpetrator was in an intimate relationship or a child, the perpetrator shall be punished by imprisonment up to three year.
Legal SourceCriminal Code, Article 140
Legal provisions on protection ordersCriminal Code, Article 65:
- Mandatory psychiatric treatment;
- Mandatory treatment of addiction;
- Mandatory psychosocial treatment;
- Restraining order;
- Removal from common household
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- Cyprus
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- Violence
- Justice
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 SourceThe Violence in the Family (Prevention and Protection of Victims) Law 119(I) of 2000 and 212(I) of 2004
Legal provisions on protection ordersViolence 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”
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- Cyprus
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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 SourceCriminal Code, Section 144
Legal provisions on protection ordersThere are no special protective measures for victims of rape either during the investigation or during the prosecution.
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- Cyprus
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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 SourceCriminal Code, Section 148
Legal provisions on protection ordersNo legal provision
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- Cyprus
- Topics
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- Violence
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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 SourceThe Equal Treatment of men and women in employment and vocational training Law of 2002
Legal provisions on protection ordersNo legal provision
144 items / 12 pages