Sex without consent means rape. New definition proposed in Slovakia

Justice Ministry drafts the change in an amendment, joining other countries addressing the question of consent concerning sexual intercourse.

Illustrative stock photoIllustrative stock photo (Source: Unsplash)

An attack is only considered to be rape under Slovak law if the victim actively resisted intercourse. Yet in the latest draft amendment to the Penal Code, the Justice Ministry proposes broadening the definition of sexual violence.

The amendment, also aimed at other sensitive issues like the disseminating of false information, milder punishment for marijuana possession and election corruption, is yet to be proposed to the cabinet. Among the changes that Justice Minister Mária Kolíková (SaS) proposes is that intercourse without consent should also be considered to be rape, punishable with three to eight years in prison. Currently, the victim needs to prove that they actively resisted or that they were subjected to or threatened with violence.

“Sexual intercourse should be consensual under all circumstances,” Justice Ministry argues.

Public agrees consent is a must

The vast majority of people in Slovakia agrees with the aforementioned, as last year's poll of the Focus polling agency for Amnesty International demonstrated.

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