The legal and evidential questions
Sexual Coercion and Abuse. The first task is to protect safety, dignity, confidentiality and the presumption of innocence. The statutory starting point shown on this page is Article 150 (Coercion). It focuses on an unlawful physical or mental restriction of a person's freedom to act or refrain from acting.
Create an act-by-act chronology from the parties’ accounts, communications, location data, medical or biological material, consent evidence and records of any threat or dependency.
Protection and presumption of innocence apply together
Sensitive allegations require immediate safeguarding and confidential, independent evidence review. Neither disbelief nor automatic acceptance is a substitute for testing the precise allegation, consent, communications and forensic material.
Questions to answer first
Protect safety, dignity, confidentiality and the presumption of innocence
Separate each alleged act, participant and legal element
Preserve messages, location data and medical or digital material
Avoid direct contact, public commentary or informal evidence gathering
Evidence that may matter
- Contemporaneous messages and communications
- Medical and biological material
- Location, CCTV and device records
- Statements and disclosure chronology
- DNA, toxicology and digital expertise
Criminal Code articles to check
Coercion
Focuses on an unlawful physical or mental restriction of a person's freedom to act or refrain from acting.
Read full Article 150 text on this pageRape
The current provision concerns sexual penetration committed through the means specified in the article; the precise alleged act and circumstances must be proved.
Read full Article 137 text on this pageAnother action of a sexual nature
May apply to a non-penetrative sexual act alleged to involve violence, threat of violence or abuse of a helpless condition.
Read full Article 138 text on this pageCoercion into a sexual act
May be relevant where the alleged means involve threats to property or private information, dependence, or abuse of a helpless condition.
Read full Article 139 text on this pageRead the relevant Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
Article 150Coercion+
1. Illegal restriction of a person’s freedom to act, i.e. coercing him/her physically or mentally to perform or not to perform an action, performance of or abstaining from performance of which is his/her right, or to make him/her experience an influence against his/her own will, –
shall be punished by a fine, or corrective labour for a term of up to one year or house arrest for a term of six months to two years, or imprisonment for a term of up to one year, with or without restriction of the rights regarding weapons.
2. The same act committed:
a) knowingly by an offender against a minor, a person in a helpless condition, a person with disability or a pregnant woman;
b) by a group of persons;
c) repeatedly, –
shall be punished by corrective labour for a term of up to two years, or imprisonment for a term of up to eighteen months, with or without restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
Article 137Rape+
1. Rape, that is any form of penetration of a sexual nature of the body of a person with any bodily part or object, committed with violence, under the threat of violence or by abusing a helpless condition of a person affected, –
shall be punished by imprisonment for a term of six to eight years, with or without restriction of the rights regarding weapons.
2. The same act:
a) committed by abusing the official position;
b) that caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of eight to ten years, with or without restriction of the rights regarding weapons.
3. The same act committed:
a) repeatedly;
b) by a person who had previously committed any crime under Articles 138-141 of this Code;
c) by a group of persons;
d) knowingly by an offender against a person with disability or a pregnant woman;
e) against a person under the custodianship, guardianship or surveillance, or a family member, of an offender, –
shall be punished by imprisonment for a term of ten to thirteen years, with or without restriction of the rights regarding weapons.
4. The same act:
a) committed against a person affected or any other person with extreme cruelty;
b) that caused death of a person affected;
c) committed knowingly against a minor;
d) committed against a minor using trust, and authoritative and influential position, –
shall be punished by imprisonment for a term of fifteen to twenty years, or life imprisonment, with or without restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
Article 138Another action of a sexual nature+
1. Another action of a sexual nature, which does not contain elements of crime under Article 137 of this Code, committed with violence, under the threat of violence or a helpless condition of a victim, –
shall be punished by imprisonment for a term of four to six years, with or without restriction of the rights regarding weapons.
2. The same act:
a) committed repeatedly;
b) committed by abusing the official position;
c) committed by a group of persons;
d) committed knowingly by an offender against a person with disability or a pregnant woman;
e) committed by a person who had previously committed any crime under Articles 137, 139, 140 and 141 of this Code;
f) committed against a person under the custodianship, guardianship or surveillance, or a family member, of an offender;
g) that has caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of six to nine years, with or without restriction of the rights regarding weapons.
3. The same act:
a) committed knowingly against a minor;
b) committed knowingly against a minor using trust, and authoritative and influential position;
c) that caused death of a person affected, –
shall be punished by imprisonment for a term of eleven to fifteen years, with or without restriction of the rights regarding weapons.
4. The same act:
a) committed knowingly by an offender against a person that has not reached 14 years of age;
b) committed with the extreme cruelty, –
shall be punished by imprisonment for a term of fifteen to twenty years, with or without restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
Article 139Coercion into penetration of a sexual nature into the body of a person, or into another action of a sexual nature+
1. Coercion into penetration of a sexual nature into the body of a person, or into another action of a sexual nature, committed under the threat of damaging property, disclosing defamatory information, information representing private life or such information that may substantially affect the right of that person, and/or by abusing a helpless condition of a person affected, or material, official or other kind of dependence, –
shall be punished by a fine or imprisonment for a term of up to five years, with or without restriction of the rights regarding weapons.
2. The same act that has caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of five to seven years, with or without restriction of the rights regarding weapons.
3. The same act committed:
a) repeatedly;
b) by a person who had previously committed any crime under Articles 137, 138, 140 and 141 of this Code;
c) by a group of persons;
d) knowingly by an offender against a person with disability or a pregnant woman;
e) against a person under the custodianship, guardianship or surveillance, or a family member, of an offender, –
shall be punished by imprisonment for a term of seven to nine years, with or without restriction of the rights regarding weapons.
4. The same act:
a) having caused death of a person affected;
b) committed knowingly against a minor, –
shall be punished by imprisonment for a term of nine to fifteen years, with or without restriction of the rights regarding weapons.
The consolidated official source is listed in the source section at the end of this guide.
How the process may develop
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Official consolidated Criminal Code — current text & PDF↗︎Constitution of Georgia↗︎