Prison sentences imposed in the past five years in cases of sexual abuse of minors, which were under the jurisdiction of basic and higher courts in Montenegro, were close to the legal minimum. This is one of the conclusions of an analysis of the sentencing policy of Montenegrin courts for the period from 2019 to 2024, in cases of criminal offenses against the sexual freedom of minors, prepared by the Parents association in cooperation with the Supreme Court of Montenegro.
This document, along with a study of three specific cases in which the victims of predators were children, was presented at the roundtable "Voice for a Safe Child".
The analysis of final judgments included a total of 51 cases in the work of basic and higher courts in Montenegro, in which 51 final judgments were issued against 54 persons, reports the Parents Association.
The Executive Director of the Parents' Association, Kristina Mihailović, pointed out that Montenegro is still a negative example when it comes to protecting children from sexual predators, which is warned about every year by the European Union in its annual country reports, as well as GREVIO, a group of experts of the Council of Europe.
Minister of Justice Bojan Božović highlighted the contribution so far of the Parents Association, which through proactive action has raised awareness among institutions that we must change some things together.
He assessed that the penalties for criminal offenses against sexual freedom are strict, especially when it comes to children.
"In addition, special supervision measures have been prescribed for the perpetrators of these acts, including a ban on visiting places where children gather, and mandatory reporting to the police and reporting any change in place of residence, place of stay, place of work or travel abroad. These measures are implemented 20 years after the sentence has been served. We are particularly pleased with the fact that the competent departments have begun drafting the necessary bylaws, so that their implementation can be fully implemented," said Božović.
He pointed out that the Ministry of Justice has prepared amendments to the Criminal Code that have been submitted to the European Commission for an opinion, which, among other things, prescribe the absence of a statute of limitations for criminal prosecution for acts against sexual freedom committed to the detriment of a child.
"This measure sends a clear message that such acts must not be forgotten, but neither forgiven by time in a criminal legal sense. Unfortunately, life always goes behind and ahead of the law, so we cannot protect every person with legal norms. Especially we cannot protect the most vulnerable categories, our children, to the full extent and in the full sense. This must not discourage us, but rather further oblige us to work together with all segments of this society on additional protection," Božović pointed out.
The authors of the analysis, lawyers Ksenija Jovićević Korać and Bojana Bandović, pointed out that in almost all analyzed final judgments, the provisions of the Criminal Code were applied before the amendments in 2022, and therefore the sentences were in accordance with the legal norms prescribed at that time.
They stated, among other things, that based on the analysis, it can be concluded that judges continue to greatly appreciate mitigating circumstances for defendants in these cases.
"In the structure of final judgments, the dominant place is occupied by convictions - 48 (94,1%), while acquittals were rendered in three cases (5,9%), due to the criminal offense of unlawful sexual conduct under Article 208 of the Criminal Code of Montenegro. In the overall structure of imposed criminal sanctions, the dominant place is occupied by prison sentences, or 86,2%, while warning measures, or suspended sentences, were imposed in a total of 3,9% of cases," are some of the conclusions from the analysis.
Unlike the analysis of final judgments, the Parents Association reports, a study of three specific cases of child sexual abuse, authored by legal expert Andrea Mićanović, pointed to a serious gap between legal guarantees and their practical application.
Mićanović pointed out that, although there are examples of positive practice, worrying shortcomings remain common - inconsistent application of legally prescribed protective measures, such as hearing child victims in special conditions and other measures of protection against secondary victimization, and insufficient information about victims and their families about their rights and the course of the procedure.
"Psychosocial support is often provided sporadically and to a limited extent, and a lack of standardized inter-institutional protocols has been observed, as well as insufficient coordination between key actors. All of the above points to the need to strengthen institutional accountability, intersectoral cooperation, and implement an approach that is fully focused on protecting the rights and interests of the child," the study states.
Based on that document, but also on a broader analysis, as Mićanović stated, it can be concluded that in a significant number of cases, the hearing of minor injured parties is often not conducted in the prescribed manner - only once, in a room specially equipped for audiovisual recording, by a prosecutor and a judge of the same sex, in the presence of his legal representative and an expert.
One of the key findings of the study also indicates that the principle of urgency in cases where minors are injured parties needs to be applied more consistently.
"It is commendable that in all three cases covered by this study, the public was excluded from the main trial. This practice indicates the existence of sensitivity within the Montenegrin judiciary for the particularly vulnerable position of minor victims of crimes against sexual freedom," Mićanović pointed out.
According to her, one of the key findings of the study is that the Lanzarote Convention standard needs to be respected in practice, in order to enable minor victims to take timely protective measures and avoid additional victimization in connection with the release of a person who has been prosecuted or sentenced to freedom.
"It is concerning that parents of minor victims are often left without basic information about what they can expect from the proceedings, what rights they have and what services are available to them," Mićanović stated, among other things.
Bonus video:
