Page 35 [35]
EQUAL RIGHTS BETWEEN SEXES
existed for centuries regarding the norms that form the relationship between
the two sexes, it can easily seem that they are non-discriminatory, but natural.
Thus they are embedded in everyday discourse, becoming part of our con¬
struction of reality. This provides the basis for so-called structural violence,
which is in line with these cultural norms, values, even sexism. As a result — as
I have already mentioned -, the case-law often refers to these traditional val¬
ues or even to religious beliefs as a justification for violence against women,
which obstructs fairness in redress in itself.®
Therefore, it can also be stated that the traditionally expected roles of
women and men and the permissive position of society in relation to violence
against women also contribute to the persistence of violence.® This could lead
to some forms of violence against women (domestic violence) being perceived
as less than real, or not being judged as clearly (rendered invisible, exacerbated)
as other forms of violence.”
In order to clarify these boundaries and to avoid “belittling cases”, it is very
important to establish precise criteria for consent — in addition to the victim’s
involvement - in sexual offences against women, unless the victim is not de¬
fending her own situation. Above and beyond the case when the victim fails
to defend themselves due to the complete hopelessness of their situation. On
this basis, under Article 36 of the Istanbul Convention adopted by the Council
of Europe, Member States shall ensure that unlawful acts of a sexual nature
need to be sanctioned, and they shall take all the necessary legislative measures
to this end. In addition, the Convention addresses criteria that exhaust the
concept of consent. According to this, consent is voluntary and based on the
free will of the individual and its evaluation takes into account all the circum¬
stances of the case.” In addition, it extends to acts against former or current
spouses or former or current partners recognized by domestic law.
All in all, the problem is that discrimination and injustice are most prom¬
inent in procedural practice. Gabor Monori has explained that a woman who
is constantly being abused has to face unjustified difficulties, not only because
of the slowness of Hungarian administrative procedures, but also because
legal decisions often do not provide effective protection for abused women —
this is underpinned by several, currently handled cases as well. As long as the
abusive husband can be expected to be let into the condominium, given that
they are also entitled to use it, women will not report the abuser, as they can
quite rightfully fear that they will be worse off after filing it. For this reason,
59
Cf. Monori: Esélyegyenlőség, 42.
§0 Tóth: A nők elleni..., 18.
61 Monori: Esélyegyenlőség, 43.
Dr. Bérces, V.: A sértett magatartásának büntetőjogi relevanciájáról: beleegyezés, közrehatás,
utólagos hozzájárulás, Büntetőjogi Szemle, (2), 2017, 51-70.
62
+. 33°