Qualified Forms of The Criminal Offence of Rape
Qualified Forms of The Criminal Offence of Rape

Author(s): Ivanka Marković
Subject(s): Gender Studies, Criminal Law, Studies in violence and power, Court case
Published by: Atlantska inicijativa: Udruženje za promicanje euroatlantskih integracija BiH
Keywords: criminal offense; criminal law; rape; forms; qualified forms;
Summary/Abstract: Like other criminal legislation around the world, that of BiH includes different qualified forms of the offence of rape. Although there are some differences in the legislative techniques used to define certain qualified forms in the CC RS, the CC FBiH, and the CC BDBiH, there are no substantial differences among them. All these laws, described earlier, establish the following qualifying circumstances: the age of the passive subject, the motives for and method of perpetration, and actions that result in serious bodily injury or health impairment to a victim, or their death. However, legislators in the Federation of BiH and the Brčko District stipulate different sanctions for the qualifying form of the offence perpetrated against an adult person versus a juvenile. For example, if a rape was perpetrated in a particularly cruel or degrading manner against an adult person, the punishment set out is 3 to 15 years in prison, and if the same offence was perpetrated against a minor, the minimum sanction is instead 5 years. The CC RS does not make this distinction. In all codes, the most severe form of the offence is defined as resulting in the death of the victim.

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