TPC art. 102
Sexual Assault
Definition & Legal Framework
Sexual assault is the violation of a person’s bodily integrity through sexual conduct. Article 102 provides different penalties by severity; the basic form requires the victim’s complaint, while aggravated forms are investigated ex officio. Handling the process correctly is decisive both for preserving evidence and protecting the victim.
Victim’s Rights
- The right to request a free, bar-appointed attorney at every stage of the investigation
- The right to give your statement with an expert present, ideally in a single session
- The right to be regularly informed about the investigation and trial
- The right to request protective measures (restraining orders, identity confidentiality, publication bans)
Complaint Process
- 01
Filing a complaint with the police or the public prosecutor
- 02
Evidence collection and forensic examination
- 03
Indictment and trial phase
- 04
Verdict and, if needed, appeal proceedings
Frequently Asked Questions
Is there a deadline for filing a complaint?
For the basic form, six months from learning of the act and the perpetrator; aggravated forms are investigated ex officio without a deadline. Each situation should be assessed individually.
Can a lawyer be with me while I give my statement?
Yes. A victim’s attorney may accompany you in all statement and examination procedures — we recommend exercising this right.
Can my identity be kept confidential?
Where necessary, identity confidentiality in the file and a media publication ban can be requested.
Let’s assess your situation in confidence.
The first step is the hardest. Your consultations are confidential; ask your questions without fear of judgement.