(In)Adequate Assessment of Mitigating and Aggravating Circumstances when Sentencing Perpetrators of the Criminal Offense of Rape in the Case Law of the High Court in Novi Sad

Abstract

In this paper, the author focuses on the circumstances that the High Court in Novi Sad considers as mitigating or aggravating when sentencing the perpetrators of the crime of rape. The research was important primarily due to the severity of prison sentences imposed, which are at the level of the special minimum or slightly above the special minimum prescribed for the crime of rape, even though rape is one of the most serious forms of sexual violence. Therefore, the subject matter of analysis is the case law of the High Court in Novi Sad for the criminal offense of rape in the period from January 1, 2018, until May 1, 2023. The aim of the research was to determine which circumstances the court considers relevant and evaluates as mitigating or aggravating, and how they affect the court’s decision on the severity of the sentence. In addition to an insight into the circumstances that the courts value when sentencing, this paper provides the analysis of the attitude of professionals who perform judicial functions towards the criminal offense of rape, i.e. sexual violence.