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Glossary

Sexual abuse of children

Sexual conduct committed against a child. The basic penalty is 8–15 years’ imprisonment; if an organ or object is inserted into the body, the penalty is at least 16 years.

Under the law, a child is a person who has not yet reached the age of 18 (TCK 6/1-b). Sexual abuse of a child is an offence separate from sexual assault and is punished more severely (TCK 103).

Sexual abuse

Under the law, sexual abuse means:

  • any sexual conduct against children who are under 15, or who are 15 or older but whose ability to understand the legal meaning and consequences of the act has not developed,
  • sexual conduct against other children based on force, threat, deception or another reason affecting their will.

Penalty

  • Basic form (TCK 103/1): 8–15 years’ imprisonment. If the victim is under 12, the penalty may not be less than 10 years.
  • Conduct limited to molestation: 3–8 years’ imprisonment; at least 5 years if the victim is under 12.
  • Committed by inserting an organ or other object into the body (TCK 103/2): at least 16 years; at least 18 years if the victim is under 12.

Aggravating circumstances

The penalty is increased by one half if the offence is committed jointly by more than one person; by taking advantage of settings of collective living; by a relative by blood or marriage up to and including the third degree, a step-parent or an adoptive parent; by a guardian, educator, teacher, carer, foster family, health care provider or other person with a duty of protection and supervision; or by abuse of the influence derived from public office (TCK 103/3).

The use of force or threat against children in the first group, or the use of a weapon against children in the second group, further increases the penalty by one half (TCK 103/4). If the victim enters a vegetative state or dies, aggravated life imprisonment is imposed.

Prosecution

  • As a rule, the offence is not subject to a complaint. Only in cases limited to molestation in which the offender is also a child does the investigation depend on a complaint by the victim, their parent or their guardian.
  • Mediation is not available (CMK 253/3), and the offence is in the pre-trial detention catalogue (CMK 100/3).
  • For offences committed by an ascendant or by a person with authority and influence over the child, the limitation period for prosecution begins on the day the child turns 18 (TCK 66/6).