Fluctuating Definition of ‘Consent’ in Cases of Rape in the Southeastern Region of Kosovo

Abstract

This research provides specific analysis on rapes and sexual assaults conducted in the South Eastern Region of Kosovo 2004-2013, aiming to shed light on social implications of this phenomenon and actions law enforcement entities put into effect. Rapes and sexual offenses certainly interrelate with existence of agreement/consent in sexual intercourse, therefore the typical definition of rape is considered when there is forced sexual intercourse without permission or agreement. In Kosovo’s context, pre-war legislations have identified a significant number of offenses disregarding the expressed will from the victim, but with the deployment of UN Interim Administration such trend has evolved regulating the issue of consent in compliance with the international norms and standards. Nowadays, penal-judiciary focuses on offenses against sexual integrity primarily on (non)existence of consent. With the purpose to complementing international benchmarks, substantial legal reform is needed, in expanding the definition of rape and sexual offenses, compatible to EU standards such as clear delineation of consent amongst married couples etc. Obviously, the definition of what sexual offense infers, varies from social background, and perceptions, therefore viewpoints differ from cultural context, social development level, and/or socio-cultural perception Kosovar society has for sexuality is pivotal. But, another factor is prejudices and stereotypes society has for educational and socio-economic perspective on sexual offenses. Data and rationale on rapes, and other sexual offenses (sexual exploitation, jealousy, orgies, sexual assaults on interethnic hate), is provided but motives are explored describing and analyzing socio economic status of perpetrators, interethnic identity, employment status, educational and family background.