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The real danger of threats to and calls for violence
threatening to use violence, by persuading, forcing, by using their helpless state, without their consent and against their will.
In the summer of 2020, the man (the abuser), being aware of the sexual orientation of 2 gay men being in a relationship with each other, offering them to drink alcohol together. Then he took them to his room, locked the door of the room, and asked them to have sex in front of him or have sex with him, then dragged them and threatened them with a knife. The victims, being under the influence of alcohol to some extent, fearing the consequences of resistance to the abuser, agreed to have sex with each other, thus trying to avoid having sex with the abuser. But after that, the abuser did not let them go. He forced each of them to have oral sex with him under the threat of violence.
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In this case, the right of 2 homosexual men to sexual immunity and respect for private life was violated, their physical and psychological health was damaged because of the criminal’s illegal actions. The crime took place without the consent of the victims, it was against their will, while using violence, pushing them, threatening to hurt them with a knife, hitting them, as well as taking advantage of the fact that they were in a state of alcohol intoxication. It is noteworthy that the applicants in this case initially did not want to apply to the police, fearing the disclosure of their data, the dissemination of information about their sexual orientation. However, in the end, they applied to law enforcement authorities, hoping to restore their violated rights and to prevent new encroachments by the criminal. However, the criminal case was terminated on the grounds of lack of corpus delicti, and discrimination on the grounds of sexual orientation was not examined.
The real danger of threats to and calls for violence
The absence of the risk of physical harassment is an integral part of physical integrity. The state should create an environment where LGBT people will not be threatened with retaliation, no preparatory actions would be possible to be taken, for example, with an intent to harm LGBT people forming a criminal group, acquiring a weapon, ambushing in the places where homosexual or trans people usually gather. The organization also registered cases of threats of physical violence and real danger of violence.
In the spring of 2020, a trans woman wearing a military uniform and dancing on high heels posted a music video on one of the social networks. The rainbow flag is seen in the video. The video was widely spread on the Internet, after which the person received numerous threats of murder and violence against her.
In 2020, calls for violence were registered conditioned by the person’s real or presumed