Women and Justice: Court: High Court of Cassation and Justice

Domestic Case Law

Interpretative recourse High Court of Cassation and Justice (2005)

Sexual violence and rape

Due to inconsistencies in the application of the Romanian law criminalizing forced sexual relations with family members of opposite sex through constraint or taking advantage of the victim’s inability to defend herself or express her will, the High Court of Cassation and Justice has been called upon by the General Prosecutor to establish the legal qualification of the facts representing both rape and incest. Following analysis of the relevant legal aspects, the court decided that such cases shall be considered as rape against a family member simultaneously with incest and shall be sanctioned accordingly.