With Proposed Law Change, Serbia Risks Even Greater Leniency for Rapists

In 2024, a UNICEF study estimated that some 370 million women and girls, or one in eight globally, had been raped or subjected to another form of sexual abuse by the age of 18. In Serbia, according to the UN children’s fund, nearly every tenth girl or woman will experience rape or attempted rape. Despite such alarming data, as well as the fact that rapists are often known to their victims, Serbia has yet to align its laws with the Istanbul Convention, the European treaty that Serbia ratified in 2013 and which seeks to curb domestic violence and enhance women’s rights. The Convention obliges signatory states to define sexual intercourse or any other sexual act committed without a woman’s consent – including rape – as a criminal offence of sexual violence. Now, Serbia plans to amend the Criminal Code to introduce the new criminal offence of ‘Sexual Intercourse Without Consent’, but in parallel to the existing offence of ‘Rape’. Both offences involve sexual intercourse without consent; however, to qualify as rape, the victim must prove that the act was committed using force or threat that rendered her incapable of resisting. Please login to your account below if you are already a Premium Subscriber. Our Premium Service gives you full access to all content published on BalkanInsight.com, including analyses, investigations, comments, interviews and more. Choose your subscription today and get unparalleled in-depth coverage of the Southern and Eastern Europe. If you have trouble logging in or any other questions regarding you account, please contact us