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According to Article 1 of the Fundamental Law of Hungary, the inviolable and inalienable fundamental rights of people shall be respected and defended by the State as a primary obligation. Further, Article 3 stipulates that no person shall be subjected to torture, any inhuman or degrading treatment.

In line with the general protection provided by the Fundamental Law, rape and sexual assault constitute criminal acts under Act IV of 1978 on the Criminal Code (the 「Criminal Code」). The relevant Sections read as follows:

Rape

Section 197

(1) Any person who forces another person by violence or imminent duress against the victim』s life or bodily integrity to have sexual intercourse, or uses the incapacity of the victim for defence or for the manifestation of its will for sexual intercourse, is guilty of a felony punishable by imprisonment between two to eight years.

(2) The punishment shall be imprisonment between five to ten years, if:

a) the victim forced by violence or imminent duress against its life or bodily integrity to have sexual intercourse is under twelve years of age;

b) the victim is in the care, custody or supervision of or receives medical treatment from, the perpetrator;

c) more than one person has sexual intercourse with the victim on the same occasion, knowing about each others acts.

(3) The punishment shall be imprisonment between five to fifteen years if the provisions of Paragraph b) or c) of Subsection (2) also apply to rape as defined in Paragraph a) of Subsection (2).

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