ADD: The Legal Definition of Rape Must Be Changed to Provide Greater Protection for Victims
Aleksandra Jerkov, a member of the Executive Board of the Academy for Democratic Development (ADD), today presented an initiative to amend the legal definition of rape in the Western Balkan countries. She explained that all countries in the region still use an outdated and inaccurate definition of rape that requires the use or threat of physical force, which often does not occur, as victims react in different ways and often do not physically resist. This makes it extremely difficult for victims to prove that a crime has been committed against them.
Jerkov emphasized that research shows over 85% of women freeze during rape, and the number is even higher among girls, with 98% not offering physical resistance to the perpetrator. These reactions are not covered by the current legal definitions, which makes it nearly impossible for victims to prove they were raped—even if they decide, despite numerous other obstacles, to report the crime. Besides being inaccurate and outdated, the current legal definition of rape is not aligned with international standards and the provisions of the Istanbul Convention of the Council of Europe, which all countries in the region have ratified.
For this reason, the Academy for the Development of Democracy has launched a regional initiative across the Western Balkans to amend the definition of rape so that any sexual act without clear consent is recognized as rape, and the requirement for the use of physical force is removed from the law. Jerkov noted that ADD has conducted a thorough analysis of the criminal codes in all countries in the region and proposed specific changes and amendments to be adopted. In parallel, ADD has actively engaged with political parties to ensure that these amendments are passed in their respective parliaments. Project coordinators Mija Javornik and Aleksandra Jerkov have visited all participating countries multiple times, holding a series of meetings with political parties, parliaments, ministries, civil society, and international organizations.
Jerkov stated that Montenegro has already adopted amendments to its Criminal Code introducing consent as a necessary element in the definition of rape. In the Federation of Bosnia and Herzegovina, proposed amendments have been submitted that eliminate the requirement of physical force and introduce consent. Kosovo has also passed legal changes requiring consent for sexual relations. The Assembly of Kosovo held a conference titled “Only YES Means YES,” attended by representatives of all relevant institutions and international organizations. In North Macedonia, contacts have been established with all political parties, and it is expected that once the new government takes office, this issue will be placed on the agenda. In Albania, there is a general willingness to adopt amendments, but additional engagement with political parties and relevant institutions is needed. Jerkov highlighted that the ruling party in Serbia has shown absolutely no interest in discussing, considering, or even placing this issue on the agenda, thereby failing to enable better protection for victims of rape.
The project “Developing Policies to Combat Sexual Violence Against Girls and Women in the Western Balkans” is implemented by the Academy for the Development of Democracy with the support of the UK Labour Party and the Westminster Foundation for Democracy.
