Relationship between the offence of aggravated murder and persecutory acts - Offence of persecutory acts not absorbed by that of aggravated murder
Contents for term
Relationship between the offence of aggravated murder and persecutory acts - Offence of persecutory acts not absorbed by that of aggravated murder
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter
The offence of stalking is committed if the victim is continuously harassed by means of messages and posts on social networks, as well as by means of bitterly offensive and threatening expressions - Harassment and insults by means of Facebook posts and the consequent destabilising effect on the victim's peace of mind and psychological balance
Sexual violence and the hypothesis of lesser seriousness – Psychophysical consequences suffered by the victim judged to be of such a magnitude that the act cannot be considered less serious
Any form of psycho-physical coercion capable of affecting the freedom of people’s self-determination is sufficient for the offence of sexual violence to be committed - Cultural differences are irrelevant in offences against fundamental human rights
The offence of sexual violence is committed in the case of a slap on the bottom - Sexual act capable of embodying sexual pleasure or arousing the stimulus thereof
Sexual violence criminal offence - Foreigner accused of a crime against the person or the family – Defendant’s cultural and religious differences are in no way justifications
Article 14 (+ Article 3) (Discrimination) - Conviction for minor offence and EUR 40 fine for violent homophobic attack, without investigating hate motives, and subsequent discontinuance of criminal proceedings on ne bis in idem grounds
A transgender woman, claimed discrimination after being asked to leave a club in Turkey due to her gender identity - No violation of Article 8 (right to private life) in conjunction with Article 14 (prohibition of discrimination)
Gang rape - Participation in gang rape by means of mobile phone filming - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Stalking – Within stalking acts, possibility of deriving evidence of psychological disturbance from the victim's statements - Causing in the offended person a serious and enduring state of anxiety or fear
Attempted non-consensual termination of pregnancy - Acts unequivocally aimed at terminating the pregnancy in progress by causing injury
Gang rape – Victim’s voluntary consumption of alcohol or drugs - Abuse of mental or physical inferiority
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
Article 2 (substantive and procedual) - Acid attack on a woman in the street - Court having regard to general situation of violence against women in Albania
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Persecutory acts and stalking - Family abuse - Relationship between the offence of persecutory acts and that of family abuse when cohabitation has ceased