obljuba bez pristankaAt the beginning of September, the Ministry of Justice initiated a public debate process on the Draft Law on Amendments and Supplements to the Criminal Code. The draft proposed the introduction of the criminal offense of Sexual Intercourse Without Consent, which would be considered a less severe crime compared to Rape. In response, the Autonomous Women's Center organized an ad-hoc campaign against this proposal, arguing that it is unnecessary to introduce a lesser offense and that the definition of the basic form of the criminal offense of rape should be amended so that it includes any non-consensual sexual intercourse, including cases where there was no physical resistance from the victim. This is also the only way for the Serbian Criminal Code to align with the provisions of the Istanbul Convention on sexual violence, which the country ratified back in 2013.'

AWC prepared a ready-made letter with comments, which it offered to citizens and other organizations to send in their own names. During the public debate, at least 250 emails were sent to the Ministry of Justice containing comments demanding the halt of the introduction of Sexual Intercourse Without Consent and a change in the definition of rape so that it aligns with the provisions of the Istanbul Convention and relevant scientific insights into the trauma of sexual violence. Some of the comments from citizens to the Ministry of Justice include:

  • Regarding the Draft Amendments to the Criminal Code, which proposes the introduction of a new, less severe criminal offense of Sexual Intercourse Without Consent, I wish to express serious concern. I believe this solution trivializes the severity of sexual violence and diminishes the protection of the rights and dignity of victims. – Citizen Jelena T.
  • As a woman and a citizen of this country, in the absence of more appropriate words to describe the humiliation, anger, and fear I currently feel because of this proposal, I can only say that I am appalled by the suggestion. If words can strike fear into the bones (and they can), if words can make you feel paralyzed and powerless, then this amendment to the Code is everything that a woman should never leave the house for, everything that will make a woman NEVER feel safe. I hope common sense will prevail, and that this amendment will not be adopted because NO means NO, even if it’s just a shake of the head. – Citizen A.M.O.
  • I believe that the new proposals to amend the Criminal Code privilege rapists while further harming the victims. – Citizen D. Milovanović
  • As a father of a female child, I request that this proposal be mandatory underlined, and that the definition of the basic form of the criminal offense of rape be amended so that it includes any non-consensual sexual intercourse, including cases where there was no physical resistance from the victim. – Citizen B. Krstić
  • Attached are my comments and suggestions regarding the proposed amendments to the Criminal Code, with the hope that this public consultation process is not just another farce and that citizens' opinions still matter to you. – Citizen LJ.K.
  • The proposed amendments are not in line with European legal frameworks, nor with the ethical and moral principles of contemporary civilization. – Citizen Katarina Đ.
  • Dear Sir/Madam, attached is a form with comments related to the criminal offense of Sexual Assault Without Consent. You have a great responsibility. – Citizen Marijana O.A.

As part of this campaign, AWC has been posting educational and/or content calling for action on its social media accounts, through which we reached over one million people! We are also grateful to our collaborators who, within their professions, engaged to support the halting of such provisions – journalist Iva Parađanin, stand-up comedian Jagoda Jovanović, and actress Jelena Stupljanin – as well as to our friends from Befem and Women's Solidarity for their support in amplifying the visibility of the posts.

Activists from the Autonomous Women's Center gave statements for around 50 media outlets, and during the public debate, a one-hour episode of the show Tabu on Insider TV was aired, dedicated to this topic.

Numerous citizens have engaged with this issue – information from the AWC social media accounts was shared on accounts of local citizens’ groups across Serbia and was used to prepare posts on accounts of students in blockades. In Novi Sad, a street action was organized by the Sonja local group, called "Chain of Freedom."

It is clear that student protests over the past year have contributed to strengthening civic actions and engagement on various social issues. The impact of this campaign was undoubtedly also influenced by the growing awareness of the phenomenon of sexual violence and the concept of consent, to which numerous women from the public sphere, who have publicly shared their experiences in recent years, have contributed.

One negative phenomenon we noticed in the public discourse is the racist misuse of concern for women's rights, as certain voices claim that the introduction of a lesser form of rape is intended to absolve migrants and workers from Asian and African countries coming to Serbia. The Autonomous Women's Center, as a feminist organization, firmly rejects such claims and reminds that all research on all forms of violence against women, including femicide, both in Serbia and globally, confirms that perpetrators are most often people close to the women.