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The applicant alleged violations of her rights under Articles 3, 8, 13 and 14 of the Convention in that domestic law and practice in rape cases and the investigation into the rape of which she had been a victim did not secure the observance by the respondent State of its positive obligation to provide effective legal protection against rape and sexual abuse. The application was transmitted to the Court on 1 November 1998, when Protocol No. The application was initially allocated to the Fourth Section of the Court (Rule 52 1). On 1 November 2001 the Court changed the composition of its Sections (Rule 25 1). He had then moved the car seat back to a horizontal position, grabbed her hands and pressed them against her back. The following information about French case-law on rape may be gathered from the authoritative publication Juris-Classeur (2002): (i) The words “violence, coercion, threats or surprise” are given a broad meaning in practice. The victim therefore “did not freely consent to any sexual intercourse with Kunarac [as she] was in captivity and in fear for her life”.

In addition, third-party comments were received from Interights, a non-governmental organisation based in London, which had been given leave by the President to intervene in the written procedure (Article 36 2 of the Convention and former Rule 61 3). The ensuing investigation came to the conclusion that there was insufficient proof of the applicant having been compelled to have sex. On 31 July 1995 the applicant and a friend of hers had been waiting to enter a disco bar in the town of K., when three men, P. In practice, the absence of genuine and freely given consent or voluntary participation may be evidenced by the presence of the various factors specified in other jurisdictions – such as force, threats of force, or taking advantage of a person who is unable to resist.

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Last modified 20-Aug-2019 14:54