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This Policy Analysis aims to explore how current legal definitions and interpretations of “consent” and “rape” in Kosovo affect the judgment of sexual violence cases. It investigates the challenges in prosecuting rape cases that lack physical evidence or explicit resistance, examining how these challenges perpetuate rape myths within the legal system. Furthermore, the paper seeks to identify potential solutions to align Kosovo’s judicial practices with international human rights standards, particularly in recognizing psychological and contextual factors in determining consent.
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