What does Hungarian law say?

Chapter XIX of the Hungarian Criminal Code covers, among others: sexual coercion (Section 196), sexual violence / rape (Section 197), sexual abuse of children under 14 (Section 198), indecent exposure (Section 205) and child pornography offences (Section 204). The penalty is much higher if the victim is a minor, if the offence is committed against a relative of the offender (i.e. offender and victim are relatives), or if the victim is under the offender’s authority or influence.

What counts as a sexual act? Under Section 459 (1) point 27 of the Hungarian Criminal Code, sexual intercourse and any seriously indecent act capable of, or aimed at, arousing, maintaining or satisfying sexual desire. Intercourse is therefore not required for the most serious offences. A person is also considered unable to defend themselves if, because of their situation or condition (for example intoxication, drugs or sleep), they cannot resist, temporarily or permanently; taking advantage of such a state constitutes sexual violence (szexuális erőszak).

What penalty can you face?

• Sexual coercion: 1 to 5 years; victim under 18, victim is a relative of the offender, or abuse of authority: 2 to 8 years; victim under 14: 5 to 10 years
• Sexual violence (szexuális erőszak): 2 to 8 years; victim under 18, victim is a relative of the offender, abuse of authority or several offenders: 5 to 10 years; the most serious cases: up to 20 years
• Sexual abuse of a child under 14 by an adult: 1 to 5 years; if the victim is a relative of the offender or with abuse of authority: 2 to 8 years
• Indecent exposure: up to 3 years; in front of a child under 14: up to 5 years
• Child pornography: possession 1 to 5 years; offering or sharing 2 to 8 years

The basic forms of sexual coercion and of sexual violence committed by force or threat are only prosecuted on the victim’s private motion. The court may also ban the offender from a particular area.

What should you do now?

• Do not make a statement without a lawyer.
• Ask for an interpreter in your own language.
• Ask for copies of the official records and call us before the interview.
• If a family member has been detained in Hungary, find out where they are being held and call us immediately.

How we help

• We explain every document and every step of the procedure in English
• Immediate attendance at the interview and at the pre-trial detention hearing
• Analysing contradictions in statements and expert opinions
• Examining digital evidence
• Representation of victims

Frequently asked questions

What should I do if I have been falsely accused?

Do not try to sort it out yourself and do not contact the complainant. The defence has to examine the messages, witnesses and expert opinions thoroughly.

Can I turn to you as a victim?

Yes, we represent you from the criminal complaint to the end of the proceedings.

I live abroad. Who will try my case?

An offence committed in Hungary is dealt with by the Hungarian authorities. We can represent you and keep you informed in English.

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Call us now, day or night

Dr. László-Tamás Benő: +36 70 379 0245

Office: Falk Miksa utca 4, mezzanine 4, 1055 Budapest (by appointment only)

See also: Detained or arrested in Hungary · Hungarian version