The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages
Contents for term
The offence of sexual violence is committed even in the absence of physical contact with the victim - Sexual acts with a minor - Threats to coerce a minor into exchanging sexually explicit selfies and messages
Sexual violence and abuse of authority - Abuse of authority constitutes a position of supremacy to force the passive subject to perform or be subjected to sexual acts
Gang rape - Participation in gang rape video recording - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Family abuse – Family abuse is not committed in the case of a recently started relationship and occasional cohabitation
Attempted sexual violence - Relationship between the offence of persecutory acts and attempted aggravated murder - Circumstances such as to provoke a persistent state of anxiety in the victim and fear for her own safety and her relatives and cohabitants’ one, thus affecting her modus vivendi and the overall psychological state
Sexual violence - Bottom groping – Sexual violence is committed also in the case of insidiously rapid performance of the criminal action such as to surprise the victim and overcome her contrary will, thus making it impossible for her to defend herself
Sexual violence and family abuse - Absorption of the offence of family abuse from the offence of sexual violence only when there is a full coincidence between the conduct, meaning that the damaging acts are exclusively aimed at and instrumental to the sexual violence
Sexual violence criminal offence - Failure to object to sexual intercourse with the spouse, during cohabitation, does not constitute an attenuating circumstance if it is proved that the offended party has suffered such intercourse as a result of the violence and threats repeatedly made against her
Article 14 (+ Article3) (Discrimination and Degrading treatment) - Abusive police conduct during search of premises of an LGBT NGO motivated by homophobic and/or transphobic hatred - Wilful humiliation and debasement with the use of hate speech and insults
Arbitrary arrest, rape and verbal abuse of a gay, currently trans, man by police officers during detention because of her sexual orientation – Discriminatory torture on the basis of sexual orientation – Violation of the rights to personal liberty, personal integrity, privacy, judicial guarantees and the judicial protection
Article 8 (Respect for family life/Respect for private life) - Protracted non-recognition of legal parent-child relationship between child born through gestational surrogacy abroad and intended father who was genetic father’s registered partner
Student repeatedly sexually abused by her public school's vice principal - Being pressured by the abuser to have an abortion, she committed suicide - Violation of the right to life, personal integrity, private life, dignity, education, health and to be free from gender violence and discrimination - State's obligation to adopt structural measures to address sexual violence in the school environment, including a policy to provide access to sex and reproductive education
Article 10 (Freedom of expression) - Conviction for hate speech after posting offensive comments online about homosexuality
A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life
Article 4 (Positive obligations/Effective investigation/Trafficking in human beings) - Failure to hold effective investigation into allegation of human trafficking and exploitation of prostitution
Dissenting / Concurring: Turković / O’Leary, Ravarani / Pastor Vilanova / Serghides
Article 3 (procedural and substantive) - Ineffective investigation into arguable allegations of ill-treatment by police officers - Allegations not proved “beyond reasonable doubt”, partly due to investigation shortcomings
Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance