Rechtsverkrachting

Rape of the law

Rechtsverkrachting is a non-statutory term referring to the abuse of legal authority or position to compel a sexual act.

Authority rape describes situations in which a person in a position of authority, such as a public official or a professional vested with legal powers, abuses that position to obtain sexual contact without valid consent. In practice, such conduct is typically prosecuted under the provisions of the Criminal Code governing rape or sexual abuse involving the abuse of authority.

The term underscores the imbalance of power and the absence of genuine consent arising from coercion exercised through formal authority. In legal practice, it is particularly relevant in cases involving relationships of dependency, such as those arising in detention, between care providers and recipients, or in professional relationships with clients.

Courts assess such matters on the basis of the specific circumstances relating to coercion and authority; the term itself does not constitute an independent legal ground.

“The public prosecutor sought a higher sentence on the ground that the defendant had committed an abuse of office by virtue of his position as a probation officer.”

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