Last Updated on May 30, 2019 by LawEuro
Information Note on the Court’s case-law 221
August-September 2018
K.M. v. “the former Yugoslav Republic of Macedonia” (communicated case) – 59144/16
Article 8
Positive obligations
Authorities’ failure to prosecute perpetrator of indecent sexual acts against minor: communicated
The applicant, who was 14 years old at the time, reported to the police an alleged incident of indecent behaviour and use of inappropriate language by Gj.K. who had visited her home as a handyman. The prosecutor established that Gj.K. had touched the applicant’s breast and caressed her leg. However, he concluded that, in the absence of an actual use of force or threat, those acts could not be qualified as rape or any other offence which was subject to ex officio prosecution, but rather as an act of insult, which was subject to private prosecution.
The applicant’s subsequent civil action against Gj.K. for insult, which at that point could no longer have been subject to criminal prosecution on account of legislative amendments, was dismissed by two levels of civil courts on the ground that the impugned actions had not amounted to an insult.
Communicated under article 8 of the Convention.
(See also Söderman v. Sweden [GC], 5786/08, 12 November 2013, Information Note 168; and A, B and C v. Latvia, 30808/11, 31 March 2016)
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