In the case of a sexual assault, the Supreme Court upheld the higher court and upheld a 10-month prison sentence for the defendant. Primorec, who was sexually assaulted for his knowledge during the night of 2015, was initially sentenced to one year and three months in prison for the crime of rape in the district court of Novo Mesto.
Following the defendant's appeal for the New Town District Court trial, the Koper Supreme Court ruled in July 2017 that it was not a rape but a lighter offense of sexual abuse of a weak person. He considered that the crime of rape was not committed if the perpetrator used force only after the sexual relationship had already begun.
In the first Supreme Court trial, the definition of the victim's status is controversial
The attacker is reporting daily Drunk victims attacked during sleep. When she woke up, she closed her mouth with her hand and held it tightly until she had finished the sexual attack. The higher court gave the defendant one year in prison.
Then in November 2017, the Supreme Court overturned the Supreme Court ruling, as it allegedly made a mistake in determining the current state of affairs without a hearing. This was problematic mainly because the court of first instance did not view the victim as a weak person, and the superior court, in the absence of a clarification of its condition, declared it correct in the critical period.
In another, the upper court of Koper, in the partially amended Senate, considered that, in reality, it was not an abuse of negligence. It was believed that this was probably a rape, but the defendants were convicted of the principle of forbidding the move to the worst in another just for a lighter criminal act of coercion and sentencing him to a new final sentence of ten months in prison.
The Supreme Court upgraded the second court to the higher court
Although he received a much smaller sentence, the accused, who insisted that the sexual relationship was agreed, also called for the protection of legality in the Supreme Court this time. Defense is after writing daily In the request, he warned that the higher court should be pardoned the defendant, since he discovered that it was not a criminal offense of prosecution.
The pre-trial judgment has already opened a debate on the outdated definition of rape in Slovenia.
As the higher court convicted him of a more lenient criminal offense, the defendant allegedly violated the right to a defense, since he could not defend himself for that crime, which was not alleged by the prosecution in the indictment. Until the trial's approval, in the defense's opinion, he did not know that he was being tried for forced labor.
The Supreme Court, however, recently upheld the second court to the higher court and assessed that the defendant's act was carried out with facts that (all) show the signs of the crime of coercion, and that those facts remained unchanged all the time. This also confirmed a milder sentence of ten months in prison.
The description of the facts allows the defendant to familiarize himself with the content of the claim and state the allegations.
The case has raised many criticisms about the conduct of the court and the definition of rape in law
The Koper High Court trial, which saw a man who sexually interacted with his family friend against her when he fell asleep, found him guilty of the crime of coercion, was echoing in public. Forcing, however, does not fall within the scope of criminal offenses against sexual integrity, and public controversy revolved around the definition of a criminal offense.
When it comes to sexual violence, it is not a question of whether the victim said no. The question is whether the victim said yes. Thus, initiators of the change in the definition of rape in the Penal Code say that silence does not yet constitute consent to the sexual act.
There has been much criticism from the public regarding the higher court ruling and at the expense of the definition of rape in the Penal Code. Initially, they reported to the Ministry of Justice that they currently do not expect a change in the description of the rape crime. So she is the minister Andreja Katic In mid-January of this year, she emphasized that rape is a criminal offense and that zero tolerance is required for each violence.
As she said, it is unacceptable that there is any doubt in the public about this, and she therefore advocated a meaningful reflection on the amendment to the Penal Code. Some countries, such as Germany and Sweden, have already changed the definition of rape so that all sexual intercourse without consent is considered as rape.