Sentencing framework

The sentence for rape pursuant to Section 192 of the Penal Code is up to ten years’ imprisonment. If actual sex takes place, the minimum sentence is 3 years. A prison sentence of up to 21 years may be imposed if the rape was a gang rape, or if the rape was particularly painful or offensive, or if the victim dies or receives serious injuries to the body or health.

As a starting point, it must be proven that the perpetrator acted with intent, e.g. that they acted with the intention of raping someone, i.e. that the rape was intentional. The perpetrator may also be found guilty if it is deemed to be definite or overwhelmingly probably that the sexual intercourse took place as an act of violence or threatening behaviour, or if the victim was unconscious or unable to counter the action. In the same way, the perpetrator may be found guilty if it is deemed to be definite or overwhelmingly likely that the reason for the victim having sexual intercourse with someone else or acting similarly with the assaulter himself is that the perpetrator has made the victim do this through violence or threatening behaviour.

Pursuant to amendment of 10 January 2003, the perpetrator can also be found guilty if he acted through gross negligent. The possible sentence is then five or eight years respectively. The perpetrator must then have acted in a particularly reprehensible manner, and the action must provide grounds for a strong reproach for a lack of care.