Session
Source of Reference
State under Review
Recommendation
Adopt new domestic law measures such as the explicit criminalization of rape within marriage and the elimination of conciliatory mediation in the case of victims of gender and domestic violence.
Explanation
Noted. It should be noted that rape and sexual assault are criminalised, respectively, in Articles 149 and 150 of the Criminal Code of the Republic of Lithuania (hereinafter referred to as the "CC"). The case law of the courts of the Republic of Lithuania in the field of Articles 149 and 150 of the CC covers, inter alia, rape and sexual assault in marriage, i.e., the acts criminalised by the abovementioned articles of the CC do not have any reservations and ensure liability when crimes are committed against a spouse or other family member. In addition, acts envisaged in Article 149(3) and (4) and Article 150(3) and (4) of the CC, when committed by a close relative, a member of the family or a person living in the same household of the minor victim, shall be considered as aggravating circumstances.
Reference type
Response