Sexual acts constituting rape: perspectives from Greek and European law

author Chara Chioni-Chotouman
journal RIDP (ISSN: 0223-5404)
volume 2024
issue Researching the boundaries of sexual integrity, gender violence and image-based abuse
section Sexual integrity
publicatie datum 20 septembre 2024
langue English
pagina 79
abstract

Reforming rape law has been at the center of legislative initiatives in many EU countries. Moving away from older conceptualisations of rape puts under scrutiny several options within the relevant law. This paper explores the types of sexual acts that should be penalised under the offence of rape. It examines whether sexual acts that objectively cause harm or infringe upon legal goods, such as sexual freedom or integrity, should suffice or whether harm is contingent upon the perpetrator's subjective stance. The historical context is explored alongside the ECtHR’s case law and the provisions of the Istanbul Convention, supporting a trend towards an objective approach. Addition-ally, the paper analyses recent amendments to Greek law, which opted for a more objective definition of sexual acts. Examples from the case law of the Greek courts are used to demonstrate that the shift from examining the subjective stance of the perpetrator to an objective evaluation of the conduct reflects an evolution toward effective equality and respect for each individual's sexual freedom.