RAPE - CRIMINAL OFFENSE AGAINST SEXUAL INTEGRITY (DILLEMAS IN COURT PRACTICE)

Abstract

In the practical application of the criminal offense of rape, as a basic criminal offense that protects the sexual integrity of a person, there were different views on certain elements of this criminal offense that led to different interpretations and application of this incrimination. Most often, the difference related to the interpretation of the element of coercion, and after the introduction of the new concept of the criminal offense of rape into our criminal legislation, differences also arise in terms of the interpretation of "other sexual acts", i.e. "with the intent of equalized sexual acts".
In the paper, the author cites relevant examples from court practice, emphasizing that the positions of court practice in relation to the above-mentioned issues are slowly approaching international standards in the field of protection of human sexual integrity.