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 resource makes a reference to the United Kingdom as a member of the European Union. It was published before the UK's withdrawal from the European Union on the 31 January 2020.
- CzechiaViolence, JusticeSexual Assault (excl. rape)
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.
Legal Source:Criminal Code, Sections 186, 187 and 198
- CzechiaViolence, JusticeSexual Harassment
(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.
Legal Source:Antidiscrimination Act of 2009
- 1. Harassment shall mean any unwanted conduct associated with the grounds specified in Sec. 2, paragraph 3,
- CzechiaViolence, JusticeStalking
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.
ObservationsThe offender shall be sentenced to six up to three years if he/she commits the act a) against a child or pregnant woman; b) with a weapon, or c) at least with two persons.
The provision on stalking was originally not part of the Criminal Code as proposed by the government, but was inserted by the Constitutional Committee of the Chamber of Deputies.
Legal Source:Criminal Code,Section 354
Legal provisions on protection orders:Eviction injunction (An eviction order by the police is used only in the context of domestic violence, Act No. 273/2008 Coll. on Police, Section 45(1))
- DenmarkGeneral legal definitionViolence, JusticeObservations
Generally incident of threatening behaviour , violence or abuse are covered by the Penal Code
- DenmarkViolence, JusticeIntimate Partner ViolenceObservations
The Danish Penal Code does not have a specific paragraph for intimate partner violence. It is prosecuted on the basis of the general paragraphs for crimes of physical, sexual, psychological or financial violence (Criminal Code, Chapters 23, 24, 25, 26 and 27).
Legal provisions on protection orders:Law on Social, Section 109: The municipal council shall provide temporary accommodation for women who have experienced violence, threats of violence or any similar crisis in relation to family or marital status. Women may be accompanied by children, and they receive during their stay care and support.
Since 2004 it has been possible to expel violent men from home and/or to impose a restraining order (Act No. 112 of 2012)
- DenmarkViolence, JusticeRape
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.
Legal Source:Criminal Code, Section 216
Legal provisions on protection orders:In Denmark we have regional centres for victims of sexual assault and rape. They play an important role in securing traces.
- DenmarkViolence, JusticeSexual Assault (excl. rape)Observations
In Danish law there does not exist a specific definition of sexual assault. These kind of crimes are covered by the Criminal Code, of which the relevant chapters are 23: Crimes of family relationships; 24: Crimes against sexual morality; 25: Crimes against life and body; 26: Crimes against personal liberty; 27: Violation of personal freedom.
Legal provisions on protection orders:In Denmark there are regional centres for victims of sexual assault and rape, which play an important role in securing traces.
- DenmarkViolence, JusticeSexual HarassmentObservations
Sexual harassment is not mentioned in the Criminal Code. But “blufærdighedskrænkelse”, best translated as indecent exposure by touching, exposing oneself, spying on someone or by verbal and other lasciviousness, is considered to be a crime. (Mainly Criminal Code, paragraph 232)
- DenmarkViolence, JusticeStalkingObservations
Stalking cannot in itself lead to prosecution, but it can lead to increased punishment for criminal offenses performed while stalking of a person.
Legal provisions on protection orders:Act No. 112 of 03/02/2012: byrestraining order a person can be prohibited to seek out another in person, orally or in writing, including by electronic communications or otherwise contact or follow the other.
- GermanyGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
Civil 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.
- GermanyViolence, JusticeIntimate Partner ViolenceObservations
There does not exist a legal definition, but a policy definition is used by federal and state governments.
- GermanyViolence, JusticeRape
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 Source:Criminal Code, Section 177 (2)