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One of the first and perhaps influential cases that came before the Court is the…
The strongest part of this case was the Court examining sexual violence in the context…
While certainly being a remarkable decision on part of the Court, one glaring point…
In the years following, another landmark case on sexual violence had come before…
The Court established that States have a positive obligation under Articles 3 and…
However, the approach of the public authorities, the fact that they very clearly…
In a similar vein, in DJ v Croatia(256)…
The Court did pick up on this notion, and asserted that the judge, by voicing a strong…
Similar reasonings of victim-blaming or putting the victim on trial in domestics…
In Y v Slovenia(262) the stereotype at play had again been that women who do not consent, who do not want to be sexually assault must, then, resist and fight back. The domestic authorities in the case questioned why the applicant, who was eleven years-old, did not fight back against the assaults by “scratching or biting”(263)…
The need to tackle such “ideal/perfect victim” stereotypes were especially present…
In N.Ç. v Turkey(268) the focus of the Court’s decision was on the secondary victimization of the applicant, which could also have been the case for the above-mentioned cases, especially Y. v Slovenia…
The Court drew special attention to the fact that, given the applicant’s “young age…
On the issue of consent, which the domestic courts incredulously asserted was present…
For one, the Court, while actually referring to the “sexual exploitation” of the…
Secondary victimization occurs when the questions posed by the judge, the perpetrator,…
Further, requiring the victim to recount the already traumatic events over and over,…
The Court acknowledged secondary victimization in J.L. v Italy(276)…
In the face of such textbook victim-blaming consideration of the events, the Strasbourg…
It was important of the Court to hold that it was “essential that the judicial authorities…
