Sexual violence is committed by anyone who forces another person into a sexual act by force or by a direct threat against life or physical integrity, or who takes advantage of another person’s inability to defend themselves or express their will (for example sleep, unconsciousness or severe intoxication). A sexual act with a person under the age of twelve always constitutes sexual violence. It is one of the most severely punished offences: even the basic case carries 2–8 years.
What do the terms mean?
- Sexual act: sexual intercourse and any seriously indecent act capable of arousing or satisfying sexual desire.
- Force: physical force acting directly on the person that breaks their resistance.
- Unable to defend themselves: a person who, because of their condition or situation, temporarily or permanently cannot resist.
What is the penalty?
| Case | Penalty |
|---|---|
| Basic case (by force, threat or exploiting inability to defend oneself) | 2–8 years |
| Victim under 18; victim who is a relative, under the offender’s upbringing, supervision or care, or otherwise dependent; several offenders on the same occasion | 5–10 years |
| Sexual act with a person under 12 | 5–10 years |
| The latter by force, in a relationship of dependence or by several offenders; or with a victim under 18 and further aggravating circumstances | 5–20 years |
| Victim under 12, by force and also in a relationship of dependence or by several offenders | 10–20 years |
| Providing the conditions needed for the offence | up to 3 years |
What does the defence look at?
In these cases two contradictory accounts often stand against each other, so the defence relies on a careful examination of the evidence:
- Comparing all the evidence: messages, call records, witness statements, the timeline – where the accounts agree and where they contradict each other.
- Forensic medical and DNA examinations: the interpretation of the results and the regularity of the sampling.
- The classification: there is a significant difference in penalty between sexual coercion, sexual abuse and sexual violence.
- The rights of the accused: the right to remain silent, alternatives to pre-trial detention, and the exclusion of the public from the hearing.
The defence does not serve to shame the victim but to establish the facts precisely – the law itself requires victims to be treated with consideration.
Frequently asked questions
A complaint has been made against me. What should I do? Do not contact the complainant, do not delete messages, and ask for a lawyer before any interview. Contacting the complainant can harm the defence and may even give grounds for pre-trial detention.
How long can the proceedings take? Because of the expert examinations, often months or years. The decisions of the first weeks (interview, coercive measures), however, shape the whole case.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Sexual offences – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →