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 She explained that all countries in the region still use an outdated and inaccurate definition of rape that requires the use or threat of physical force, which often does not occur, as victims react in different ways and often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 Besides being inaccurate and outdated, the current legal definition of rape is not aligned with international standards and the provisions of the Istanbul Convention of the Council of Europe, which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.
Organized by the Regional Academy for Democratic Development and supported by the Westminster Foundation for Democracy, the “Only YES Means YES” conference was held on October 15 and 16. The event focused on an initiative to amend the legal definition of rape in Western Balkan countries so that any sexual act without consent is defined as rape.
Project coordinators Mija Javornik and Aleksandra Jerkov stated that both regional cooperation and collaboration among various parties, the NGO sector, and institutions are crucial for the success of this initiative. They agreed that the path to adopting these legal amendments will not be simple or quick, but examples from the region show that, through joint efforts, laws can be changed to ensure that victims of sexual violence have guaranteed access to justice.
The second panel, dedicated to the cooperation between the NGO sector, political parties, and institutions in the decision-making process, featured speakers Daliborka Uljarević, Executive Director of the Center for Civic Education; Biljana Stepanov from the Women’s Support Center in Serbia; Jovana Trenčevska, Member of Parliament in North Macedonia and former Minister of Social Protection; and Gentiana Shushaj, Director of ESD in Albania.
Daliborka Uljarević stated that it is difficult to expect a higher level of public awareness and mobilization to protect women from violence when even those expected to be the most progressive often downplay such incidents. She cited as an example the recent decision of the Ethics Committee at the University of Montenegro, which accepted a sexist approach by Professor Aleksandar Stamatović. Uljarević emphasized that, although there is a solid legal framework, in practice, we encounter so-called “hibernating laws”—laws that are passed quickly but have many flaws, with broad acknowledgment that much improvement is needed. She concluded that only a small number of parliamentarians address this issue, and that regional cooperation and experience-sharing are crucial for progress.
Uljarević also observed that academia, where progressive views might be expected, is often no exception, as some professors engage in sexism, and society fails to condemn it. She highlighted that it is especially disheartening that many women working in universities must operate in such environments. Finally, she stressed that civil society has a responsibility to change these contexts, commending the handbook developed from this program as a valuable tool for further efforts.
Biljana Stepanov highlighted that Serbia ratified the Istanbul Convention in 2013 solely due to the efforts and lobbying of non-governmental organizations. She emphasized that 2014 and 2015 were critical years for amending the Criminal Code, but the democratic potential for changing the legal definition of rape was not utilized then, making the task ten times harder today. According to her, it is unacceptable to discuss the definition of rape without considering the message being conveyed.
Stepanov pointed out that the GREVIO Committee has raised concerns about hate speech and discrimination, adding that Serbia should address this by revising or reformulating other parts of the Criminal Code. She explained that NGOs have repeatedly attempted to amend the law and submitted requests, most recently two months ago, when they called for a new study. She also highlighted issues with Serbia’s three different definitions of family, leading to varying statuses depending on the legal process. Stepanov called for legislative alignment, noting that the Criminal Code does not recognize all family members the same way as the Family Law, which offers the most comprehensive definition.
She pointed out that the Ministry of Justice’s working group has just completed amendments to the Criminal Code, creating an opportunity for political actors and experts to reevaluate and initiate further changes. Stepanov reminded that the CEDAW Committee issued several recommendations to Serbia in 2018, which remain unaddressed, as do similar recommendations from GREVIO in the same year. She added that Serbia still lacks an action plan for combating violence against women and a centralized data system to monitor progress. Despite having 17 different criminal offenses related to violence, public attention remains solely focused on domestic violence, while other offenses go unmentioned.
She also noted that the state has yet to submit a report to the GREVIO Committee, despite efforts by NGOs to increase pressure on the government. Stepanov concluded that mechanisms of sexual violence are evolving, and society must change its approach—the burden should be on the perpetrator to prove their innocence, rather than the victim to prove their suffering. The law must recognize and support victims, and NGOs should be key partners in this process. Stepanov also highlighted that Serbia can learn from Croatia’s model, where the state has taken responsibility for funding support for victims of sexual violence, and she mentioned that an analysis of judicial practices is currently being completed to provide insights into the extent of rape and other forms of violence. She emphasized that the role of parliamentarians is crucial, yet NGOs are insufficiently involved in the legislative process because MPs may not know who to consult. Connecting social actors is essential to ensure that laws are not only adopted but also effectively implemented.
Jovana Trenčevska, Member of Parliament and former Minister of Labor and Social Policy in North Macedonia, highlighted her experience in the executive branch and political party, as well as the work of NGOs that have systematically begun to address gender equality. According to her, the key questions are whether the government has the vision and capacity to coordinate changes and whether it involves all relevant stakeholders or only select ones. Trenčevska noted that when SDSM was in power, North Macedonia prioritized the status of women and gender equality. Although the Istanbul Convention was signed in 2011, it was not ratified until 2017, and she emphasized that this document challenges societal stereotypes, making consensus on necessary changes harder to achieve. Currently, a new Criminal Code is in the process of being adopted, and Trenčevska believes that, by 2025, through joint work with civil society, the necessary legislative changes will be implemented. She particularly emphasized the role of NGOs and experts in this process. In her view, a broad civil society network in the country is essential, as is having gender equality services funded by the Ministry of Labor and Social Policy. She also stressed the importance of seeking consensus and involving all political parties in the gender equality process, expressing hope that progressive forces in parliament will not allow any regression in this area.
Gentiana Susaj, Director of ESD Albania and Head of ESD Europe, began her presentation with an interactive exercise. She emphasized that this approach is essential when we aim to adopt new behaviors and learning concepts, as it’s important to integrate them into everyday practice. She highlighted five key principles: think, shout, fight, run, and tell, to shift mindsets and promote a safer society. During the exercise, she asked participants to observe the room around them and consider whether they noticed something they hadn’t before. She underscored the importance of being aware of “red flags” and taking action when we notice potential danger. Susaj discussed the significance of assertiveness, setting boundaries, and using one’s voice to protect oneself and create safe environments. One of the essential principles, according to her, is “to tell”—meaning that it’s always possible to confide in someone. She stressed the importance of listening to victims without judgment and creating safe spaces. Susaj pointed out that 95% of girls freeze when faced with danger, making it crucial to know what to do in such situations. Educating bystanders and authorities, she noted, is key to building safer communities. In Albania, ESD collaborates with schools through a pilot program, and a regulatory act is currently implemented in 60 schools. They have trained teachers and conducted trainer workshops, aiming to make the program national and available in other countries, including partnerships with shelters.
In Podgorica today, the Regional Academy for Democratic Development, with support from the Westminster Foundation for Democracy, is hosting the “Only YES Means YES” conference. This event is dedicated to the initiative aimed at amending the legal definition of rape in Western Balkan countries so that any sexual act without consent is defined as rape.
At today’s first panel, speakers included Andreja Katič, Minister of Justice of Slovenia; Oliver Spasovski, former three-term Minister of Police of North Macedonia; Jelena Čelebić Pekić, Vice President of the Sarajevo Canton; Zoja Bojanić Lalović, Member of Parliament in Montenegro; Yasmin Qureshi, Member of the UK Parliament and Chair of the Westminster Foundation for Democracy Board; Slavica Radovanović, Member of the National Assembly of Serbia; Silva Çaka, Member of Parliament in Albania; and Fatmire Kolçaku, Member of Parliament in Kosovo. The panel was moderated by Mija Javornik, project coordinator.
Minister Andreja Katič stated that sexual offenses represent one of the most severe forms of gender-based violence. She shared that, as with any significant social shift, the conversation on this topic in Slovenia was spurred by a highly publicized case, and the journey toward legislative change was a long one. Katič emphasized that, from the beginning of her tenure, she advocated for “Only YES Means YES” as a legal standard, stressing that this initiative is not solely about redefining criminal acts but also about driving societal change. Some critiques during the legislative process suggested that the law would lead to an increase in false accusations, interfere with sexual privacy, and many experts and political voices initially argued that changes were unnecessary. She expressed particular concern about judicial practices where courts focused on assessing the level of resistance by the victim or the force applied by the perpetrator, noting the extraordinary mitigating circumstances courts considered and the alarming number of suspended sentences issued.
Minister Katič highlighted that although she was unable to implement the law during her first term, the subsequent government succeeded in introducing the “Only YES Means YES” standard, thanks to groundwork laid by the Ministry of Justice and pressure from international and non-governmental organizations, as well as cross-party coalitions. She concluded by emphasizing that changing the law alone is insufficient; there must be a broader societal shift in attitudes toward rape and gender-based violence.
Oliver Spasovski, former three-term Minister of Police of North Macedonia, noted that violence remains a topic not widely discussed, as people tend to overlook what happens to others. He shared that research indicates that until a few years ago, most women perceived such issues as private matters best kept out of the public eye, with a prevailing sense that institutions could not offer help. However, he highlighted that a shift has occurred, thanks to the cooperation between institutions, the NGO sector, and cross-party collaboration. Spasovski emphasized that while the police play a crucial role in this process, they are not the only body that must respond, and police capacity has significantly increased in recent years.
He concluded by pointing out that there are always groups who believe the work on this issue is complete and call for halting the implementation of the Istanbul Convention. These forces, growing throughout the region, are the same ones fueling nationalism. He stressed the collective responsibility to raise public awareness and encourage every person who has experienced or witnessed violence to report it. Spasovski also underscored the importance of education in this process.
Zoja Bojanić Lalović warned that violence is on the rise in Montenegro, extending beyond gender-based violence to a normalization of violence as a common way of communicating and functioning. She added that women in Montenegro are not equal in any segment of society, and while political parties nominally support gender equality, they do little to advance it in practice. She pointed to a recent decision by the appellate court to reduce the sentence of a rapist convicted of assaulting a minor from 15 to 8 years, a ruling that has burdened Montenegrin society and united both the NGO sector and political parties in protest. However, the appellate court rejected these concerns, explaining that the sentence falls within the legally prescribed range. Ms. Bojanić Lalović expressed concern over the lack of adequate legal protection for children, noting that sentences are often at the minimum required by law, penal policies are weak, processes are lengthy, and these issues provide little confidence to victims.
Jelena Čelebić Pekić stated that the conference centers around issues that affect everyone, and that the role of political parties and individuals within them is to be active participants in all societal changes. She emphasized that politicians are elected to amend laws and procedures, but also to raise awareness and fight violence on all fronts. She noted the importance of support from professionals, NGOs, and broad collaboration to bring about these changes. Čelebić Pekić added that politicians in our societies often lack public trust, making broader social cooperation essential. She highlighted that Bosnia and Herzegovina, after a five-year struggle, established a registry of pedophiles, which serves as a foundation and example for the upcoming fight to amend the legal definition of rape. She emphasized that lessons learned from this struggle and all experiences gained can be applied to the current efforts.
Silva Çaka from Albania stated that there is only one safe house for women in the entire country, which is far from sufficient to protect victims of domestic violence. She emphasized that there is inadequate protection for women and children who are victims of family violence. Çaka highlighted the crucial role of the international community in driving change, noting past instances where international support alone was instrumental in bringing about reforms. She concluded that changing mentality and social awareness in Albania will be challenging, emphasizing the need to revise terminology and that this is a responsibility for all societal actors.
Slavica Radovanović, a Member of the Serbian Parliament, shared her experiences as both a parliamentarian and a longtime inspector in the Ministry of Internal Affairs. She expressed her own surprise at how often institutions lack sensitivity and fail to understand the needs of victims who come to them in extremely difficult situations. She noted that she has dedicated much of her career to training police officers and introducing protocols for handling cases of domestic violence. Radovanović emphasized that changing the legal definition of rape requires cooperation among all political parties, NGOs, and institutions—a challenge in Serbia, where such collaboration is difficult to achieve. She cited examples of proposed amendments or laws from the opposition that were rejected in parliament for this reason.
Radovanović underscored that adopting legislation is not the only task; often, Serbia has satisfactory legal frameworks, but implementation is lacking. She stressed the importance of developing mechanisms to monitor the enforcement of laws.
Fatmire Kolçaku, a Member of Parliament in Kosovo, explained that the Kosovo Criminal Code defines consent as “freely given agreement by a person over the age of 16 to a specific sexual act,” adding that the law also includes provisions for individuals over 14, provided the age difference between the parties does not exceed two years. She noted that the law explicitly states that consent is invalid when an individual, either verbally or through actions, expresses unwillingness to participate in or continue a sexual act, when consent is given by someone other than the victim, when consent is obtained through deception, fear, or intimidation, or when an individual is incapable of consenting due to diminished mental or physical capacity, or due to intoxication from alcohol, drugs, or other substances.
Kolçaku also highlighted that the law does not explicitly require that consent be enthusiastic, leaving room for interpretation in situations where consent is less clearly expressed. She pointed out that current judicial practices in Kosovo often rely on outdated concepts, such as requiring physical resistance to prove a lack of consent, which places Kosovo outside modern standards that prioritize gender equality and victim safety. She stressed the need to reform legal definitions to reflect a broader understanding of consent, emphasizing affirmative, voluntary, and informed consent without the requirement of physical resistance. Additionally, she advocated for a victim-centered approach that includes testimony from psychological experts, which could help secure justice even in cases without physical evidence.
Yasmin Qureshi, a Member of the UK Parliament, stated that it is unsurprising that the challenges faced by countries in the region are remarkably similar, both in legal frameworks and social norms. She noted that rape is a crime that typically occurs in private, without witnesses, and is one of the few crimes where the victim’s credibility is questioned from the moment it is reported. Citing examples from the UK, she explained that early rape laws were initially viewed as part of legislation concerning male ownership. These norms have gradually evolved, and the UK now provides relatively robust protection for victims. However, she added that even in countries considered to have achieved high levels of human rights protection, obstacles remain. She referenced a recent case in France that has attracted global attention, where some defendants argued that the victim did not resist or explicitly say “no” during repeated assaults.
While significant progress has been made, Qureshi noted that the conviction rate remains low, which is cause for concern. She concluded by emphasizing the importance of changing societal attitudes and, particularly, educating young people about their own and others’ sexual rights.
We are pleased to announce the regional conference “Only YES Means YES,” which will take place on October 15-16, 2024, in Podgorica, Montenegro, at the Hotel Podgorica. This conference is a key event in our joint efforts to align legislative reforms across the Western Balkans with international standards, ensuring that every sexual act without explicit consent is legally defined as rape, in accordance with the Istanbul Convention.
Over the two days of the conference, panel discussions and sessions will cover the following topics:
– The necessity of legislative changes to define rape as an act without consent, – Challenges in implementing these legislative reforms, – The experiences of countries that have already enacted these reforms, – The role of political parties, civil society, and activists in supporting and advocating for these reforms.
The conference will feature the participation of officials, ministers, parliamentarians, activists, and experts from the region and beyond, who will contribute to the discussions and exchange of experiences.
The conference is organized by the Regional Academy for Democratic Development, with the support of the Westminster Foundation for Democracy and Labour UK.
Join us in this crucial step toward a more just society and greater protection for survivors of sexual violence.
Sexual violence, as one of the most brutal forms of violence against women, remains unpunished in significant numbers of cases due to an inadequate and scientifically incorrect legal definition of this criminal offence. Definition of rape in all countries of the Western Balkans remains based on necessary use of force and requires victim’s physical resistance; decisions on whether the rape took place are based on traditional beliefs about “typical” behaviour in any such situation, gender stereotypes and myths about male and female sexuality. This is in collision with Council of Europe Convention on preventing and combating violence against women and domestic violence, better known as the Istanbul Convention; this explicitly calls the states to amend the definition of rape and to consider every sexual act without consent as rape.
The aim of the Phase I of the project was to undertake contextualised and comprehensive research on the level of knowledge, policies, attitudes and opinions of political parties in all Western Balkans countries regarding amendment of legislative definition of rape and improvement of the position of survivors, and to develop a strategy for each of the Western Balkan countries to amend legislation, practices, and bylaws regarding rape and sexual violence against women and girls based on robust analysis of opinion (attitudes) and policies of major political parties.
Phase I showed that the problem of legal definition of rape is little known about around the region, both in general and political public. Even the persons dealing with human and women rights within the parties, are often unaware that there is a problem in the legal definition of the rape and that it needs to be amended. This is why political parties, in a vast majority of cases, have no policy regarding the issue, have not dealt with it, and had no statements, campaigns or activities to change the legislation. It also revealed that the parties, as a rule, are open to addressing this problem. However, they do not put this issue in the focus of their own actions due to the assessment that other topics are more important or can bring more significant political benefit.
Phase I of the project has intricately delineated a comprehensive array of subjects, concerns, and domains that are slated for inclusion in the training curriculum. This phase is dedicated to the enlightenment of 50 national trainers and party messengers, individuals poised to become pivotal catalysts for the transformation of legislative paradigms. Their role extends beyond the confines of political parties to spearhead advocacy initiatives both internally and externally. Their strategic significance is underscored by their indispensable contribution to the impending Phase III, wherein advocacy campaigns will be initiated and substantive amendments to legislation will be proffered.
The project is being implemented by Regional Academy for Democratic Development with the support of UK Labour.
“You are not alone” – an initiative to change the legislation in the countries of the Region
The You Are Not Alone initiative, launched a few days ago by the Academy for the Democratic Development (ADD), was supported by thousands of citizens from across the region, including prominent human rights activists, anti-violence activists and numerous public figures such as Biljana Srbljanovic and Ana Bekuta, Natasa Ninkovic, Igor Juric, Dinko Gruhonjic, Jelka Jovanovic, and former MPs Aleksandra Jerkov and Balsa Bozovic from Serbia, Mile Kekin and MP Bojan Glavasevic from Croatia, Aida Jokanovic and MP Sasa Magazinovic from Bosnia and Herzegovina, Sonja Lokar and Mija Javornik from Slovenia, State Secretary for European Affairs Kalinka Gaber from Northern Macedonia, MP and former Deputy Prime Minister Senida Messi from Albania Ljubomir Filipovic from Montenegro, as well as many others. ADD thanks everyone for the support they provided to the women and girls who reported sexual violence they were the victims of, and for sending them a message together that they are not alone and that we will stand by them in the great fight that lies ahead.
It is important that this support does not remain symbolic and declarative, so the Academy for the Democratic Development will launch a campaign You Are Not Alone to make legal, judicial and other procedures for rape victims as easy as possible in all the countries in the region and to make sure that they are not exposed to additional victimization and subsequent trauma.
The first step will be an initiative to change the definition of rape in all of the countries in the region – Serbia, Albania, Bosnia and Herzegovina, Croatia, Slovenia, Montenegro, Kosovo and Northern Macedonia – and to ensure that women who report rape do not face legal barriers, legal loopholes and formalities which often prevent them from getting to justice. Any sexual intercourse without consent, without exception, must be punished. Estimates of whether or not rape has occurred are based on notions of “typical” behavior in these situations, the belief that the use of force is necessary, and various gender stereotypes and myths about male and female sexuality. Furthermore, there must be no statute of limitations for the crime of rape. No matter how much time has passed since the act itself, it must always and at all times be punishable. Changing the law can only be the first step. Special training must be provided for police officers, prosecutors and judges who deal with rape cases and who are in direct contact with victims. They must not be the ones to whom the victims have to justify themselves, the ones who put additional guilt on the victims of rape, because of whom the victims relive the trauma. It is not enough that survivors can, but do not have to, obtain the status of a particularly sensitive witness, their protection must be greater and more comprehensive. Similar to victims of violence in Austria, a model must be found whereby they have to repeat their story only once and that one statement is considered sufficient, not that they face endless and often cruel processes in which they defend and justify themselves by proving someone else’s guilt. A model must also be proposed that these proceedings last shorter than it is the case now, because it is not uncommon for the processes to last longer than the actual prison sentences to which rapists are sentenced. It is also crucial to separate the criminal prosecution of the perpetrators from the procedure of exercising the rights of the victims. In other words, the state must trust the victim, instead of asking them to prove that they was raped. ADD will propose these amendments in all of the countries of the region. We will work with organizations that have been dealing with this problem for years, that work with women who have reported sexual violence, who understand the problems that victims face. They have lived and suffered enough. The system doesn’t need to trip them up yet. It is our task to change and fix that. It is our task to help them.
Regional Academy for the Development of Democracy – You are not alone!
The courage of the actress Milena Radulović, who, along with four other girls, reported the rape she had been suffering for years, empowered dozens of other women and girls to do the same.
The fact that Milena was brave enough to speak out publicly about the violence and the most monstrous sexual crimes she suffered as a girl is an encouragement to all women and girls who continue to struggle with the trauma they have experienced, who still live in fear of rapists or condemnation, who still do not dare to report what happened to them.
The Regional Academy for the Development of Democracy, an initiative of young people from Serbia, Croatia, Montenegro, Bosnia and Herzegovina, Slovenia, Montenegro, Northern Macedonia, Albania and Kosovo, supports all women who have suffered sexual violence and wants to send a message that they are not alone. Together, we will fight that our countries become societies in which victims of sexual violence find support, not condemnation, in which justice is achieved, and they are not re-traumatized. The first step towards that is that women who report sexual violence know that they are not alone and that we will stand with them.
We invite all the people from the region and above to do the same, to join us in sending a message to the victims of sexual violence that they are not alone and that we will all fight together for them and will support them.
