Through this article, the BaBe association would like to address the case of a 49-year-old man who was sentenced to 6 months in prison for having sexual relations with a 14-year-old girl. This scandalous verdict has flooded the media in recent days and shocked the public. In light of such a verdict and the insensitive media reporting, we felt the need to better inform the public about the criminal framework for sexual abuse of a child under 15 years of age and the inadequate application of legal norms in the Republic of Croatia.
In scientific and professional circles and in public opinion, there is an unquestionable consensus that sexual offences against children are considered one of the most serious criminal offences. In accordance with Article 158 of the Criminal Code (Official Gazette 144/12, 118/18), anyone who engages in sexual intercourse or an equivalent sexual act with a child under the age of fifteen shall be punished with imprisonment for a term of one to ten years. If the child becomes pregnant during the commission of the criminal offence, the perpetrator shall be punished with imprisonment for a term of three to fifteen years (Article 166 of the Criminal Code). In the case in question, the perpetrator of sexual abuse of a 14-year-old girl was sentenced to 22 months in prison by a non-final decision, for which he was given a partial suspended sentence, according to which the prison sentence is six months, while the remaining 16 months of imprisonment will not be served if he does not commit a new criminal offence in the next three years and meets certain obligations. Considering that the aforementioned perpetrator has already spent a little less than 6 months in pre-trial detention, which is credited towards his prison sentence, he will successfully avoid prison if he behaves appropriately during the probationary period. When determining the sentence, the court took into account the perpetrator's misconception about the girl's age and numerous mitigating circumstances such as confession, lack of convictions, care for the victim, the perpetrator's personal life, etc., which are constantly emphasized in the media. At the same time, the fact that the prosecution established that the girl consented to sexual intercourse is emphasized.
We believe it is necessary to emphasize that children are a vulnerable group that is granted enhanced protection in our legal system and that sexual intercourse with a child under the age of 15 should under no circumstances be considered or called voluntary. Children are born with fundamental freedoms and rights that belong to all human beings. However, given their physical and mental immaturity, there is a need to emphasize the special rights of the child to protection that arise from this fact. This is precisely the basic starting point of the Convention on the Rights of the Child (Official Gazette, International Treaties, No. 12/93). By ratifying the aforementioned Convention, the States Parties have undertaken to take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse. The imposition of minimal sanctions, the mitigation of punishment and the insufficient concern for the physical and mental consequences of the victim are in direct contradiction with the obligations assumed by the aforementioned Convention and completely ignore the best interests of the child, which should be the starting point of any action regarding the protection of sexual freedom and the physical and mental health of the child. In addition to all of the above, we would like to emphasize that in the case described above, special emphasis should be placed on the aggravating circumstances that are insufficiently mentioned in the media, which include the long period of time during which the perpetrator intruded into the sexual sphere of the girl's life, the attempt to shift responsibility onto her by emphasizing that he did not know about her age, and the consequences of the criminal offense, among which the pregnancy and abortion in the 13th week of pregnancy are particularly pronounced, which can leave permanent physical and mental consequences for a girl of the aforementioned age.
In conclusion, we would like to call on all state, local and public bodies of the Republic of Croatia, as well as the judiciary and the media, to act responsibly based on respect for human rights and the best interests of the child. The sanctions we impose, the positions we take and the way we present current events shape our vision of society and justice and influence the future behavior of individuals. Lightly punishing perpetrators of the criminal act of child sexual abuse harms not only the victims of individual crimes, but also the entire community, because it portrays such behavior as acceptable and permissible, and additionally stigmatizes and demoralizes victims in reporting crimes. Based on such and similar situations, we are shaping a system of moral values that is not appropriate for modern society. In order to achieve systematic changes and greater respect for the physical and moral integrity of every person, it is necessary to act consistently and continuously in each individual case of human rights violations, especially when it concerns the lives of vulnerable groups, such as children.
