SLOVENIA ADOPTS STRICTER LAW PROTECTING SEXUAL RIGHTS OF

UNCLAS LJUBLJANA 000330

C O R R E C T E D C O P Y (ADD SENSITIVE CAPTION)

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL PHUM ASEC SI
SUBJECT: SLOVENIA ADOPTS STRICTER LAW PROTECTING SEXUAL RIGHTS OF
MINORS


1. (SBU) Summary. On November 1, 2008, Slovenia will implement a
new law regarding sexual crimes against minors. This new penal code
establishes harsher sentences and new regulations. The most
significant changes include a lifetime registry for offenders, the
criminalization of possessing child pornography, and stricter
sentences for pedophiles and others who committed sexual crimes
against minors. The Slovene advocacy group, Association Against
Sexual Abuse, applauded the changes but said more needs to be done.
End Summary.

BACKGROUND
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2. (U) The existing child pornography legislation, which was
established in 1999, criminalizes the distribution and production of
child pornography but by omission does not criminalize possession.
Under the new law, sexual assault on a minor would result in six
months to five years in prison and the penalty for producing or
distributing pornographic material would be a fine or one year in
prison.


3. (U) Currently, Slovenia and the Czech Republic are the only two
EU member states that do not penalize the possession of child
pornography. Both countries are working to better align themselves
with the EU common position on pornography. Once Slovenia
introduces these changes, its penal code will be fully harmonized
with EU legislation.

NEW PENAL CODE - BROADER AND STRICTER
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4. (SBU) The changes mean harsher, longer jail sentences for
distributors, consumers and possessors of child pornography in
Slovenia, as well as for convicted pedophiles. Sexual assault on a
minor now results in a sentence of three to eight years in prison.
In addition, producing, distributing or possessing pornographic
material results in a fine and up to two years imprisonment. A
significant change is that criminals whose crimes dealt with the
sexual violation or exploitation of minors will be listed in a
national, lifetime registry. Only qualified institutions and
associations working with minors, such as schools or daycare
centers, will have access to data from the registry.

SLOVENE NGO - GOOD START BUT MORE NEEDS TO BE DONE
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5. (SBU) On July 23, Emboff met with Katja Basic, the founder and
head of the Association Against Sexual Abuse, a Slovene advocacy
group for the sexual rights of children. Basic related that she was
very pleased that the new penal code further protects the sexual
rights of children, and especially highlighted the importance of the
lifetime registry as a useful tool in protecting the child within
institutions. Basic expressed that though Slovenia still needs to
work on a more local level with police on creating awareness of the
sexual rights of children, the new penal code is certainly a step in
the right direction in meeting the needs of children.


6. (SBU) Comment. Post has been urging Slovene legislators to
criminalize possession of child pornography. We are gratified that
Slovenia has taken this step. End Comment.

GHAFARI