SOME ASPECTS OF THE CRIMINALIZATION AND INVESTIGATION OF RAPE
Centre for European Reforms Studies: Grand Duchy of Luxembourg
This article examines some aspects of the criminalization and investigation of rape. The author analysed the interpretation of the concept of "rape" from Ukrainian legislation's point of view and revealed the signs of a criminal offence provided for in Article 152 of the Criminal Code of Ukraine. The influence of the composition of rape on the forensic characteristics of rape is considered. The author concluded that it is necessary to introduce a legal definition of voluntary consent as a manifestation of sexual freedom and its structure based on the subject composition and volume. The author considers the following signs to the subject composition of consent: a person has reached the age of consent, for health reasons can understand the nature and consequences of sexual intercourse; is in a state of consent. The scope of consent should include the solution of issues regarding free choice: the person of the partner/partners in sexual intercourse; place, time, method, and form of sexual intercourse. A brief overview of legislative regulation and judicial practice regarding signs of rape in the UK, Australia, USA, Germany, New Zealand, Sweden, Israel, etc., as well as international legal acts and decisions of the ECHR. Analysed scientific trends regarding the interpretation of the concept of "voluntary consent" in Ukraine and abroad. It is concluded that in the presence of deception, voluntariness has a conditional character, is falsified, and cannot be recognized as the result of the free expression of the will of the victim.
rape, voluntary consent, criminalization, investigation, stealth., згвалтування, добровільна згода, криміналізація, розслідування, стелсинг.
Sаvеlіеvа І. SOME ASPECTS OF THE CRIMINALIZATION AND INVESTIGATION OF RAPE // European Reforms Bulletin: international scientific peer-reviewed journal: Grand Duchy of Luxembourg. 2021. № 3. P. 88 - 93.