Difficulties in the criminal protection of the sexual integrity of women and girls with disabilities

Mrvić Petrović, Nataša and Obradović, Dragan (2022) Difficulties in the criminal protection of the sexual integrity of women and girls with disabilities. In: Ukrštena diskriminacija žena i devojčica sa invaliditetom i instrumenti za njihovo osnaživanje = Intersectional discrimination of women and girls with disabilities and means of their empowerment. Pravni fakultet Univerziteta u Beogradu, Beograd, pp. 747-771. ISBN 978-86-6132-040-8

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Abstract

Women and girls with disabilities are at a high risk of sexual violence, and there are numerous difficulties when it comes to their protection in the field of criminal law. The authors analyze the most important obstacles in the prosecuting and trial on the example of a court case. In addition to the need to protect and empower persons with disabilities (vulnerable victims) in criminal proceedings in Serbia, it is necessary to change the approach to prescribing criminal acts of sexual violence (rape and enforced intercourse of a helpless person). Thus, better protection of the sexual integrity of persons with disabilities would be achieved, and in accordance with relevant international standards, their possible discrimination would be further prevented. The paper examines the proposed solutions according to the provisions of the Istanbul Convention of the Council of Europe (CETS 210) and comparable examples in the legislation from Germany and Slovenia. The authors state that changes in criminal law can improve the protection of the sexual integrity of women with disabilities only if they are accompanied by an altered social approach to women with disabilities.

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