Sexual Violence: Comparative Overview of German and Georgian Legal Perspectives

Abstract

Abstract The issue of sexual violence that this article was tasked to deal with is neither new nor devoid of a regulating legislative framework. Moreover, a number of scientists from diff erent countries and institutions of the world have devoted their works to the topic under discussion, which has repeatedly been subjected to discussions in the European Court of Human Rights, International Criminal Court, and ad hoc tribunals. However, this article aspires to analyze the normative framework for the regulation of sexual violence in line with Article 36 of the Istanbul Convention in Germany and Georgia after the ratifi cation of the Convention in the last decade. The main focus of the study is the contentious interpretation of consent in sexual off ences. Due to the inevitable legislation reforms concerning sexual violence, this academic work examines new trends on regulating this issue in Western countries, especially in Germany, considering the historical ties of Georgian Criminal Code to German law. The article discusses sexual violence in general, providing a brief review of sexual violence legislation, where it is mainly presented by considering the international legal framework. Sexual violence and other sexual off ences according to Georgian and German criminal codes are presented in general terms and in a comparative manner. The article also explains rape in the light of its re-conceptualization, encompassing an analysis on sexual violence, including rape, especially in relation to consent. This, in turn, can prompt amendments to Georgian Criminal Code on the related issue, which currently does not comply with the standards on interpreting sexual violence, established by the Istanbul Convention and other important related international acts.