Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Contents for term
Sexual violence and criminal offences against sexual freedom - Gang rape – Extenuating circumstance for minor participation in the criminal offence
Sexual violence criminal offence - Telematic sexual violence - Using remote communication tools such as telephone, video call, chat, to force the offended person to perform sexual acts
Sexual violence and criminal offences against sexual freedom - Absence of offended person’s physical response and of outward signs indicating violence - Vis grata puellis
Sexual violence and criminal offences against sexual freedom – Gang rape
Sexual violence and sexual acts with a minor – Aggravating circumstance of physical or mental inferiority in the sexual violence criminal offence - Student abused by music teacher
Article 3 and Article 8 (Positive obligations) - Failure of investigative and judicial authorities to adequately respond to rape allegations and submit the case to the careful scrutiny required - Adequate legal and regulatory domestic framework not applied in practice as investigation ineffective
Violation of Article 3 and Article 8 - Failure of the national authorities to effectively apply a criminal justice system capable of punishing non-consensual sexual acts alleged by a vulnerable victim who did not object during the sexual acts
Sexual violence criminal offence - The mere lack of consent, not the manifestation of dissent, is required for the commission of the crime of sexual violence
Homicide - Aggravating circumstance provided for the crime of intentional homicide involving the death of a family member or other person in an emotional relation (in the present case, the spouse and a parent)
Harassment in the workplace - Harassment is unwanted conduct on grounds of sex with the purpose or effect of violating the dignity of an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment
The prohibited sexual act is the act that infringes a person's freedom of self-determination in the sexual sphere - The criminal offence of sexual violence is now a crime against personal freedom - Kissing is a sexual act
Sexual violence criminal offence -The Court considers sexual violence also when sexual intercourse is consummated even if only by taking advantage of the state of prostration, distress or diminished resistance in which the victim is reduced
Systematic persecution of the Colombian State against members of the José Alvear Restrepo Lawyers Collective Corporation through harassment, threats, killings, disappearances and physical violence from the 1990s amounts to a violation of the rights to life, personal integrity, privacy, judicial protection, freedom of association, free movement, family protection, children’s rights and defending human rights - Gendered and sexual threats against women human rights defenders particularly targeted because of their gender, including reference to possible sexual violence against them or their da
Dissenting / Concurring: Hernández López / Mudrovitsch / Pérez Goldberg
Article 3 and Article 8 (Positive obligations) - Commutation of a ten-month prison sentence imposed on applicant’s co-worker to community service, after he had been convicted of sexual violence against her - Domestic court’s commutation of sentence without careful scrutiny of all relevant considerations
Sexual violence and sexual acts with a minor – Regarding child sexual assault in a family context, reliability of statements made by the child and probable influence of the family
Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse – Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl – Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the
Article 3 (procedural) - Failure to carry out effective investigation into alleged death threats against vulnerable rape victim by her abuser father, in breach of domestic law
Dissenting / Concurring: Wojtyczek / Derenčinović
Human trafficking - Profiting from the victims' situation of vulnerability, physical and psychological inferiority and need - Exploitation of prostitution and exposure of victims to serious danger to life and bodily harm
Family abuse - Repeated acts of physical or moral harassment – Family abuse criminal offence also applies to working relationships in which, due to the small number of people and the limited space, the environment is comparable to a family
Sexual violence criminal offence - The offence of sexual assault is committed even if a more invasive act of the victim's sexual sphere had been prearranged