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"Forced" is not raped: this was decided by the Supreme Court



LJUBLJANA – The Supreme Court is in in the event of a sexual assault affiliated to a higher court, confirming a ten-month imprisonment for the defendant. Primorec, who was sexually assaulted by his acquaintances during the night of 2015, was initially sentenced to a year and three months in jail for a rape offense in a district court in Novo Mesto.

After the accused was dismissed by the District Court in New Town, the Koper High Court in July 2017 decided that it was not a rape, but a milder crime of sexual abuse by a weak person. He believed that the rape offense was not committed if the offender used force only after sexual intercourse began.

The drunken victim attacked while sleeping

An attacker attacked a drunken victim while sleeping. When she woke up, she closed her hand with her hand and held it with physical strength until she had completed her sexual assault. The High Court gave the defendant a year of imprisonment.

Then, in November 2017, the Supreme Court annulled the High Court's judgment, alleging that it had committed an error in determining the actual state of affairs without action. This was particularly problematic because the Court of First Instance did not see the victim as a weak person, and the High Court, without clarifying its status, declared it the same in a critical period.


PHOTO: Guliver, Getty Images

In another, Koper's higher court, in a partially revised Senate, believed that this was not actually an abuse of illegal practices. It was believed that this was probably a rape, but the defendants were convicted of the principle of prohibition of change to worse others only for a milder coercive crime and sentenced him to a new final penalty of ten months in prison.

They are accused of requesting the protection of legality

Although he was given a much lower sentence, the defendant, who insisted that sexual intercourse was agreed, asked this time to protect the legality of the Supreme Court. The defense warned in the request that the higher court should be forgiven the opponent because he found that it was not a criminal offense.

Given that the High Court sentenced him for a milder offense, the defendant allegedly violated his rights of defense because he could not defend himself for this offense, which did not claim prosecution in the indictment. Until the defense was delivered, he was not aware that he was tried for forced labor.

He confirmed a lighter, ten-month prison sentence

However, the Supreme Court has recently confirmed a second court to a higher court and ruled that the defendant's act was concretized by factual circumstances that meet the (all) signs of coercion, and that these facts are still unchanged. It also confirmed a mild ten-month prison sentence.


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