Criminal Code Chapter 20: Crimes Against Sexual Inviolability or Sexual Freedom

Art. 166 of the Criminal Code defines rape as “sexual intercourse against the will of the victim with the use of violence” or threat of such violence against the woman or her relatives, or using the woman’s helpless state. Rape is punishable by restraint on liberty for a term of up to four years or imprisonment for a term of three to seven years. Rape in aggravating circumstances, including repeated rape, rape by a group of people, or rape by a person who has previously committed sexually violent acts, is punishable by imprisonment for a term of five to thirteen years and knowing rape of a minor or rape that causes grave consequences (e.g., death, bodily harm, or HIV infection) is punishable by imprisonment for a term of 8-15 years. Art. 167 likewise prohibits violent acts of sexual nature, such as “sodomy” or “lesbianism” against the will of the victim with the use of violence or threat of such violence, or using the victim’s helpless state. The punishments for committing an Art. 167 crime in aggravated circumstances are the same as those for rape. Art. 168 prohibits sexual intercourse and other acts of a sexual nature with a person below the age of 16. This crime is punishable by, in case there are no signs of criminal acts set out above, restraint on liberty or imprisonment for a term of up to four years, with a fine. The punishment, in case the offender has previously committed the crimes described above, has duties owed to the victim, or the crime is committed by a group of persons, is imprisonment for a term of three to ten years. “Depraved acts” committed against a person below the age of 16 are punishable by imprisonment for a term of up to six years under Art. 169. Art. 170 criminalizes the compulsion to commit acts of a sexual nature by means of blackmail, threat of destruction of property, or by using the dependence (workplace, monetary, etc.) of the victim. The crime is punishable by restraint on liberty or imprisonment for a term of up three years, with a fine and prohibition to occupy certain offices. Such a crime knowingly committed against a minor is punishable by imprisonment for a term of three to six years. Arts. 171 and 171 prohibit the organization, use, or creation of conditions for prostitution, including by removing the victim outside of the country; such crimes are punishable by up to ten years of imprisonment.