No means no: Czech MPs vote to redefine rape as non-consensual sex
The Czech statute books are set for a significant change. After a lower house debate on Wednesday rape will be defined as non-consensual sex, rather than the current forcible sex. The new bill also gives greater protection to the under 12s in this area.
One-hundred and 68 votes for, zero votes against. Politicians from all parties in the Czech Chamber of Deputies raised their hands in unison on Wednesday to overhaul the definition of rape in the country’s statue books.
At present rape is defined as forcible sexual intercourse. But once the new legislation takes effect this will be replaced by a definition of non-consensual intercourse.
Under the government amendment, disapproval can also be indicated non-verbally, through gestures, crying or adopting a defensive posture.
The bill also accounts for a victim’s inability to grant consent due to factors such as illness, sleep, mental incapacity, heavy intoxication, restraint or disability.
Addressing MPs, the minister of justice, Pavel Blažek of the Civic Democrats, summed up the new wording with the single phrase “no means no”.
After the vote MP Barbora Urbanová of the Mayors party welcomed the legislative change that she helped campaign for, saying it was an example of Czechia becoming a more Western country.
“It’s a relatively important difference, because until today as a victim of this crime you had to prove that somebody used force against you – that you were hurt, that you were harmed. Today you have to prove that you didn’t want it, or that you were paralyzed in some way.”
The crime of rape will now include only intercourse and penetration, with less serious acts covered by a freshly created, separate offence of sexual assault. Use of a weapon in cases of sexual violence will bring higher sentences.
There is also a second major plank to the new legislation. Sexual acts with minors under the age of 12 will now carry an automatic charge of rape or sexual assault, instead of the hitherto charge of sexual abuse.
Justice Minister Blažek elaborated on this change.
“The principle that it is impossible to touch anyone under 12 in a sexual manner will apply. And if somebody does engage in a sexual act with an under 12 then they will be committing the crime of rape, not sexual abuse, which carries lower penalties, for rational reasons.”
MP Hana Malá of ANO was also among those who pushed for an overhaul of the law in this area.
“What I regard as absolutely key in this change is that it sets the age of defencelessness in children at 12. Sex acts with children below that age will be regarded as rape, not as sexual abuse, which receives milder sentencing.”
The bill rubberstamped by the lower chamber on Wednesday will now go before the Senate, where it is also expected to enjoy smooth passage.
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