If a person rapes someone by using any item, or any part of body, except genital organ, will be punished with the accusation of raping.
Lawyer Koba Bochorishvili, the head of the group working about draft law in Parliament, tells, that the extension of the definition of raping, is very important and can be considered as a step forward, because that crime will be evaluated more concretely.
With current legislation, 137th article of Criminal Code ,raping implies only the fact of raping between the persons of opposite sex, and if a man rapes man, or a woman rapes women, he/she will be tried according to 138th article (violent behavior of sexual nature) .
After changing the law, sexual contact, or any other sexual contact by any part of body, or any item, committed by violence, threats of violence, by making the victim helpless or using his/her defenselessness will be considered as raping. This crime shall be punished by imprisonment for 4-6 years.
“This is progressive step, because as our practice has show, the behaviors , we’ve seen in reality, weren’t adequately perceived. The law could not answer to all of the crimes, happening in reality”- has told the lawyer Lia Mukhashavria to the newspaper “Netgazeti” .
Could we begin the investigation of the fact of raping men with sticks in Gldani prison by the article of raping? – Lia Mukhashavria says that we could not.
“What about the prison scandal, this was raping, but It is assessed under the article of torturing . The crime must be considered as torture, when it’s aim is to get information and to punish. When the aim of violence is of sexual character, this is called raping”- has told Lia Mukhashavria to the newspaper “Netgazeti”.
Draft law, changing the legal definition of raping, is a part of the package of legislative changes, concerning the elimination of domestic violence. These legislative changes were initiated in the frame of obligations related to the convention of Council of Europe of 12th April 2011. The initiator of legislative package is the member of the Parliament- Guguli Magradze.
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