Sentencing in Rape Cases and Other Crimes Against Sexual Freedom: An Analysis of The Mitigating and Aggravating Factors Applied by Courts in BiH
Sentencing in Rape Cases and Other Crimes Against Sexual Freedom: An Analysis of The Mitigating and Aggravating Factors Applied by Courts in BiH

Author(s): Haris Halilović
Subject(s): Gender Studies, Criminal Law, Human Rights and Humanitarian Law, Studies in violence and power, Court case
Published by: Atlantska inicijativa: Udruženje za promicanje euroatlantskih integracija BiH
Keywords: criminal offense; criminal law; court; sentencing; sexual freedom; circumstances;
Summary/Abstract: Preparations for this research included a focus on identifying problems that arise in the context of sentencing decisions for the offence of rape and other related crimes, especially when it comes to the evaluation of mitigating and aggravating factors. These factors have been observed to contribute directly to inadequate sentencing for rape and related offences, and therefore, this research examined the mitigating and aggravating factors applied by courts when deciding the type and severity of sanctions. A total of 34 convictions were analysed, among which 4 judgements were for the continued criminal offence of rape (including cases where a continued rape crime was perpetrated in concurrence with other crimes), 27 were for rape crimes (including cases where a rape crime was perpetrated in concurrence with other crimes), 2 were for the criminal offense of sexual intercourse with a child (in one of these cases, this offence was perpetrated in concurrence with the criminal offence of abuse of a child or juvenile for pornography, referred to in Article 211(1) of the CC FBiH), and 1 judgement for lechery. The parts of the country, subject matter, and jurisdictions encompassed by these judgements distributed cases across the following courts: the Supreme Court of FBiH; the Appellate Court of BDBiH; the District Courts in Doboj and Bijeljina; the Cantonal Courts in Bihać, Livno, Tuzla, and Zenica; the Municipal Courts in Livno, Travnik, Tuzla, Visoko, Velika Kladuša, and Živinice; and the Basic Courts in Trebinje, Bijeljina, Modriča, and the BDBiH.

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