"No means no": A more appropriate approach to sexual crimes

Type of project: Project work with the non-economic and non-profit sector - Student innovative projects for social benefit 2016–2020 for the 2017/18 academic year (ŠIPK)

Project title: "No means no": A More appropriate approach to sexual crimes

Project team:

• Students: Jan Tarman, Maja Loknar, Barbara Bajda, Nika Vukša, Tjaša Gabršček, Teja Pirnat, Miha Zaletel, Tadeja Urbas, Anja Cesar, Jure Menart
• Educational mentor: Prof. Dr. Matjaž Ambrož
• Expert collaborator: Dr. Mojca Mihelj Plesničar (Institute of Criminology at the Faculty of Law in Ljubljana)

Financers:

The model of sexual criminal law in Slovenia is fundamentally flawed and, as a result, inappropriate, unrealistic, and overly harsh on victims. In this project, we sought to analyze more appropriate approaches, with a focus on the "no means no" model, which Germany also adopted in 2016. We also touched on other models, such as "yes means yes," defined and analyzed them in terms of their suitability for implementation in Slovenian legislation, the appropriateness of changing the model to a more modern level, the relief of the victim's position that victims of violent sexual crimes would gain from the modernization of legislation, and other positive and negative characteristics of a more appropriate model in theory and practice. The current model in Slovenia (coercion) requires the victim to physically resist in the event of a sexual assault, which can further worsen their situation. For example, the perpetrator may use even more intense violence to break the victim's will when they resist. For a modern model of sexual criminal law, a clearly expressed refusal of sexual intercourse must be sufficient for an infringement of an individual's sexual autonomy, rather than the duty of the victim, who is often physically weaker. The current time could not be more appropriate for discussing a more suitable model. Recently, the #metoo movement has been very topical, which began as a response to Harvey Weinstein's allegations of sexual abuse. A more equitable, effective, and realistic regulation would empower victims of sensitive sexual crimes, and sexual crimes would be treated as the serious crimes they are. This would significantly enhance the integrity of society, the judicial system, and sexual criminal law.

"No means no": A more appropriate approach to sexual crimes