Panel with Officials: “Only YES Means YES” is a Necessary but Not Sufficient Step
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.
