Summary
Sexual offences are the punishable acts that violate sexual autonomy and are governed by Articles 336 to 353 of the Greek Criminal Code. This page explains the key concepts, the categories, the penalties, and the limitation period. The information here is general and is no substitute for individual legal advice.
Contents
- What does sexual criminal law mean?
- What do we mean by the term sexual freedom?
- Which right does sexual criminal law protect?
- Which acts count as sexual offences?
- Is there a limitation period for sexual offences?
- Which “sexual acts” are punishable?
- What is a sexual act, and which acts are treated as equivalent?
- Is penetration or ejaculation required for the offence to be committed?
- Is a lustful purpose a precondition of the sexual act?
- Is bestiality punishable?
- Is sadomasochistic sex punishable?
- Is “stalking” punishable?
- Is incest punishable?
Frequently asked questions — sexual offences
What does sexual criminal law mean?
This is the name we give to the body of legal rules that govern the criminal suppression of acts violating people’s sexual autonomy. Those rules are set out in the Greek Criminal Code (which acts are punishable and with what penalties), in the Greek Code of Criminal Procedure (the process of investigation and trial), and in the Correctional Code (the manner in which sentences are served).
What do we mean by the term sexual freedom?
It is a right — a form of personal liberty protected by the Constitution (Art. 5). It has a positive side, a person’s freedom to engage in sexual acts as they wish, and a negative side, that no one should be subjected against their will to the sexual acts of others: if they want, whenever they want, wherever they want, with whomever or however many they want, and however they want.
Which right does sexual criminal law protect?
Sexual (genital) freedom. Near-synonymous terms are “sexual autonomy” and “sexual self-determination”. The protected interest also encompasses sexual dignity, sexual decency, sexual privacy, and the free development of the erotic life of minors. Criminal law punishes only acts (not thoughts) that are directed at another person, on a sliding scale of gravity: sexual act, sexual gesture, act of a sexual nature.
Which acts count as sexual offences?
All the punishable acts that violate sexual freedom; officially they are termed “sexual (genital)” offences and are governed by Articles 336 to 353 of the Greek Criminal Code. There are two broad categories: offences against sexual autonomy (for example, rape) and offences against the sexual development of children (for example, sexual acts with minors or child pornography).
Is there a limitation period for sexual offences?
Yes, as with every offence. Felonies become time-barred after 20 years if punishable by life, or after 15 years if punishable by 5 to 20 years; misdemeanours after 5 years. The limitation period is suspended for the duration of the trial (5 years for felonies, 3 for misdemeanours). Specifically for sexual offences against minors, the limitation period begins 3 years after the victim comes of age for felonies, or 1 year afterwards for misdemeanours.
Which “sexual acts” are punishable?
Three main ones: the most serious “sexual acts”, the less serious “sexual gestures”, and the least serious “acts of a sexual nature”. How a given behaviour is classified decisively affects the way the perpetrator is treated in criminal law (felony or misdemeanour), which is why this is no mere battle over words.
What is a sexual act, and which acts are treated as equivalent?
The sexual act is the core concept: “intercourse and acts of equal gravity to it” (Art. 336 §2 GCC). Treated as equivalent are acts involving the genitals of at least one person (for example, “unnatural” intercourse, mutual masturbation, fellatio and cunnilingus, or the use of substitute means). In practice, rulings are often borderline. Behaviour of minor significance, such as a fleeting embrace or a momentary kiss, does not amount to a sexual act.
Is penetration or ejaculation required for the offence to be committed?
No. Penetration (vaginal, anal, or oral) and ejaculation are not necessary elements of the sexual act; accordingly, rape can occur without any penetration or ejaculation.
Is a lustful purpose a precondition of the sexual act?
According to the Greek courts, yes: the perpetrator must have a lustful purpose, otherwise there is no sexual act and therefore no rape. This view has led to “acquittals” in serious cases, has no basis in the statute, and is sharply criticised in legal scholarship.
Is bestiality punishable?
Yes, though not as a sexual offence under the Greek Criminal Code, but as an act of animal cruelty under Law 4830/2021.
Is sadomasochistic sex punishable?
Whatever happens between consenting adults is, in principle, a matter of criminal indifference. Things change if serious or dangerous bodily harm or death results, in which case there is full liability, provided the perpetrator acted with intent or negligence.
Is “stalking” punishable?
Yes, since 2018 (Art. 333 §1 GCC). It is an offence to persistently pursue or follow a person, in particular by seeking continuous contact through a telecommunications or electronic medium or by repeatedly turning up in their surroundings, against their expressed wishes, where this instils fear or distress in the victim.
Is incest punishable?
Yes. Today it is called “sexual acts between relatives” (Art. 345 GCC) and covers only blood relatives in the direct line and siblings. The ascendant is punished more severely (for example, the father, as a felony), while minors may go unpunished.