The topic of this thesis is the analysis of the crime of rape, starting from its historical development through the centuries and how its perception has changed over time. A special focus is given to the changes in our legislation in 1997, 2011, and 2020. Finally, the current legislative framework is analyzed, including the possibility of using force and threats, as well as qualified forms of the crime. Everything is accompanied by examples from judicial practice to provide a better understanding of the reality of this crime, as well as the approach and thinking of judges during the proceedings. A special focus is given to sentencing and mitigating circumstances considered for the offender. The goal of judges during criminal proceedings is to determine an appropriate sentence within the legally prescribed range. For the basic form of the crime, the current law prescribes a minimum of three years and a maximum of eight years of imprisonment. For qualified forms, a stricter sentence is prescribed, with a minimum of five years and a maximum of twelve years of imprisonment. By analyzing mitigating circumstances in judicial practice, it is emphasized that all circumstances must be properly balanced in practice to ensure justice for all parties involved. A special part of the thesis also addresses the rights of victims in criminal proceedings, their position in society, the most common characteristics that accompany them, and their role in the latest wave of the fight against sexual abuse known as the Me Too movement.