Summary
Child sexual abuse (Article 342 of the Greek Criminal Code) and the related offences protect the healthy sexual development of minors. This page sets out, in a sober and strictly legal manner, the age thresholds, the distinction between an act and a gesture, mistake of law, and defence issues such as false accusations. Every defendant is presumed innocent until an irrevocable conviction.
Contents
- Which legal interest is protected in child abuse offences?
- What do the terms paederasty, paedophilia, or seduction mean?
- What is “child rape”?
- How is the sexual abuse of children punished?
- If the victim is a minor, is a harsher penalty imposed?
- At what age does “sexual consent” begin?
- Is sex with a child under 15 punished the same regardless of age?
- If both “perpetrator” and “victim” are minors, is there an offence?
- Does protection stop after the age of 15?
- What if the perpetrator does not know the minor’s age?
- What if the perpetrator claims he did not know the law on age thresholds?
- Can a minor give consent?
- Which sexual behaviours with a minor are punishable?
- Is the “sexual act” the same for adults and for minors?
- What if the minor wanted or sought out sex with the adult?
- Must it be proved that the minor suffered harm?
- What is the difference between “concurrent” and “continuing” offences?
- What is the difference between a paedophile and a child molester?
- Is a “paedophile” ill?
- What is “grooming” and how is it punished?
- What does abuse of a minor for a sexual act mean?
- Is sex with a 17-year-old punishable?
- What aggravating circumstances apply to abuse of a minor?
- What is abuse of a minor amounting to an affront to sexual dignity?
- Is facilitating sex with minors punishable?
- If a Greek national travels abroad for sex with children, is he punished?
- Is a person who publishes the name of a minor victim punished?
- Have false accusations occurred?
Frequently asked questions — child sexual abuse
Which legal interest is protected in child abuse offences?
The free and undisturbed development of a minor’s erotic life. Premature exposure to sexual acts is considered to create risks for healthy sexual development. The courts speak of the innocence of childhood and the unimpeded sexual maturation of the child.
What do the terms paederasty, paedophilia, or seduction mean?
None of these terms appears in the Greek Criminal Code. The first belongs to the media, the second to psychiatry, while the third (“seduction”) existed as an offence until 2019; today the offence under Article 339 GCC is called “sexual acts with minors or in their presence”.
What is “child rape”?
It is not a legal term. The law speaks of “sexual acts with a minor or in their presence”. Not every sexual act with a minor necessarily amounts to rape, but it may amount to another, equally serious offence. Where there is coercion through physical or psychological violence, it is “rape of a minor” (Art. 336 §3 GCC), which is punished with life incarceration.
How is the sexual abuse of children punished?
No offence exists under precisely that name; there is instead a whole range of sexual offences against minors, such as “sexual acts with minors” (Art. 339 GCC), “abuse of minors” (Art. 342 GCC), “child pornography” (Art. 348Α GCC), “solicitation of children for sexual purposes” (Art. 348Β GCC), and the protection of the private life of the minor victim (Art. 352Β GCC).
If the victim is a minor, is a harsher penalty imposed?
Yes. Many offences have aggravated (qualified) forms when the victim is a minor, for example rape of a minor (Art. 336 §3), affront to the sexual dignity of a minor (Art. 337 §2-3), and revenge pornography against a minor (Art. 346 §3).
At what age does “sexual consent” begin?
In principle at 15 (completed), a threshold that in many cases rises to 18. In other countries the thresholds differ (for example, 14 in Germany, Italy, and Austria, 16 in the United Kingdom and Spain), which creates legal complications in cross-border cases.
Is sex with a child under 15 punished the same regardless of age?
No. In the offence of “sexual acts with a minor” (formerly “seduction”), the law grades the penalty: for a child over 12 (up to 15), incarceration (5-20 years) is prescribed, while for a child under 12 a heavier penalty applies, incarceration of 10-20 years.
If both “perpetrator” and “victim” are minors, is there an offence?
In principle no, if both are under 15, since they are regarded as perpetrators and victims at the same time. If, however, there is a gap of more than 3 years between their ages, reformative or therapeutic measures may be imposed.
Does protection stop after the age of 15?
No. A series of provisions protect sexual development up to the age of 18. The most important is Article 342 GCC (abuse of minors by close persons of trust). Also punishable are sex with a minor for payment and the production of pornography.
What if the perpetrator does not know the minor’s age?
To be punished, he must know that the minor has not reached 15 (or 18); according to case law, it is enough that he has doubts and is indifferent to the age. If he is certain that the person is above the threshold, he acts under a “mistake of fact” (Art. 30 GCC).
What if the perpetrator claims he did not know the law on age thresholds?
Ignorance of the law is, as a rule, no excuse; but criminal law does not punish someone who did not know that he was acting unlawfully (Art. 31 GCC), provided his ignorance is justified (a “pardonable mistake of law”). In practice this is rarely recognised, perhaps only in the exceptional case of a foreign tourist.
Can a minor give consent?
Rape requires violence (coercion). The “consent” of a minor under 15 does not alter the unlawful character of the act, but neither does it presuppose coercion. Above the age of 15, if there was coercion we have rape; if not, and there is no abuse of trust (a relative, a teacher, and so on), there is nothing punishable. There is no real sense in labelling every sexual act with a minor as “rape”.
Which sexual behaviours with a minor are punishable?
The “sexual acts” (akin to intercourse) are punished very severely (Arts 339, 342 §1 GCC), while the milder “sexual gestures” are punished more leniently (Arts 337, 342 §2 GCC). The defence often seeks to persuade the court that what took place was a gesture and not an act, so that the more lenient provisions apply.
Is the “sexual act” the same for adults and for minors?
Logically it should be. In practice, however, where minors are concerned, the sexual act is interpreted more broadly, taking in milder conduct as well (fondling, kisses). The Supreme Court (Areios Pagos) wavers and at times falls into contradictions.
What if the minor wanted or sought out sex with the adult?
The fact that the minor consented or took the initiative has no bearing on the perpetrator’s criminal liability. The law applies even where it was the child who did the enticing.
Must it be proved that the minor suffered harm?
No. It is enough that the sexual act took place; proof of any specific (for example, psychological) harm is not required.
What is the difference between “concurrent” and “continuing” offences?
If the perpetrator committed acts against several minors, he acts in concurrence (a real concurrence of offences). If the multiple acts are directed against the same minor, it is a continuing offence.
What is the difference between a paedophile and a child molester?
These are not legal terms. A “paedophile” has not necessarily committed any act (and so is not punishable until he does); a “child molester” is someone who has committed a sexual act with a minor, even without “suffering” from paedophilia.
Is a “paedophile” ill?
Not always. In modern psychiatry, “paedophilia” is recognised as a paraphilia (“paedophilic disorder”), is diagnosed against defined criteria, and is amenable to treatment. That said, the diagnosis has never led the Greek courts to negate criminal responsibility or to reduce the sentence.
What is “grooming” and how is it punished?
It is punished in two forms: as an online affront to the sexual dignity of a minor (Art. 337 §3 GCC) and as “solicitation of children for sexual purposes” (Art. 348Β GCC). It consists in making contact with a child and proposing a meeting for the purpose of sexual acts, once preparation for that meeting has begun.
What does abuse of a minor for a sexual act mean?
A very common form (Art. 342 GCC): the minor victim may be up to 18 years old and has been entrusted to the perpetrator for supervision or care. The perpetrator exploits the “window of opportunity” that this trust affords him (for example, a camp group leader or a supervisor at a children’s play centre).
Is sex with a 17-year-old punishable?
It depends on who the partner is. With a fellow pupil it is free; with the 20-year-old music teacher it amounts to a felony. The threshold of 18 creates abrupt transitions between the punishable and the lawful.
What aggravating circumstances apply to abuse of a minor?
Where the perpetrator holds a status that gives him access to the minor: relatives, people living in the same household, friends of the parents, teachers and lecturers, coaches, priests, employers, psychologists, doctors, nurses, or where he abuses the minor’s mental or physical disability.
What is abuse of a minor amounting to an affront to sexual dignity?
A milder case (Art. 342 §2 GCC): sexual conduct by persons of trust towards minors (up to 18) that does not amount to “sexual acts” (gestures, propositions, or the narration or depiction of sexual content).
Is facilitating sex with minors punishable?
Yes, where it is done “as a profession or for profit” (Art. 348 GCC), in respect of minors up to 18. It mainly concerns assisting the prostitution of minors (for example, advertisements, providing premises, acting as an intermediary).
If a Greek national travels abroad for sex with children, is he punished?
Yes. “Sex tourism” is punished separately (Art. 348 §2 GCC), and under a special provision (Art. 348Δ GCC) Greek law also applies to acts committed by Greek nationals abroad, even if they are permitted there.
Is a person who publishes the name of a minor victim punished?
Yes (Art. 352Β GCC): anyone who publishes information, even indirectly, that could lead to the identification of the minor victim is punished with imprisonment of up to 2 years, in order to protect the child from stigmatisation and secondary victimisation.
Have false accusations occurred?
Yes, they do occur. They often arise in the context of bitter disputes between parents, where one accuses the other in order to influence the decision on custody. Extreme cases of staged accusations have also been recorded. This is why a careful, well-documented defence is critical.