Criminal Code of Kosovo - Legislationline

Article 229
Mistake of fact as to age of victim
1. For the purposes of the Chapter, a mistake as to the age of the victim who is under the
age of sixteen (16) shall not be a mistake of fact under Article 25 of this Code if the
perpetrator was negligent in making such mistake.
2. The perpetrator is not criminally liable because of a mistake of fact under Article 25 of
this Code if he or she, for justifiable reasons, did not know and could not have known
that the victim was under the age of sixteen (16).
Article 230
Rape
1. Whoever subjects another person to a sexual act without such person’s consent shall be
punished by imprisonment of two (2) to ten (10) years.
2. Whoever subjects another person to a sexual act by threatening to reveal a fact that
would seriously harm the honor or reputation of such person or of a person closely
connected to such person shall be punished by imprisonment of three (3) to ten (10) years
3. Whoever subjects another person to a sexual act in one or more of the following
circumstances shall be punished by imprisonment of five (5) to ten (10) years:
3.1. by serious threat or the threat of violence;
3.2. by threat of an imminent danger to the life or body of such person or of
another person; or
3.3. by exploiting a situation in which the person is unprotected and where his or
her security is in danger.
4. When the offense provided for in paragraph 1 or 2 of this Article is committed under
one or more of the following circumstances, the perpetrator shall be punished by
imprisonment of five (5) to fifteen (15) years:
4.1. the offense is preceded, accompanied or followed by an act of torture or
inhumane treatment;
4.2. the perpetrator uses force;
4.3. the perpetrator causes grievous bodily injury or a serious disturbance to the
mental or physical health of the person;
4.4. the perpetrator uses or threatens to use a weapon or a dangerous instrument;
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