2022
George-Alexandru LAZĂR, Assistant Professor, Faculty of Law, University of Bucharest, The connections and differences between sexual act with a minor
DOI: https://doi.org/10.31178/AUBD.2022.09
Abstract: This
article approaches a sensitive topic for the Romanian society: the difference
between the notion of „consent” in the economy of rape versus sexual act with a
minor (statutory rape). After a judgment of the European Court of Human Rights
in M.G.C. c. Romania and an evaluation report from the Judiciary Inspection, a
legislative initiative is trying to fix the current system. Is it able to solve
all the issues related to the legal qualification of acts against minors as
rape or sexual act with a minor? Does it correctly identify the legislative or
jurisprudential issue? These are the questions I will try to answer in the
present study. Starting with the problems identified and legislative
solutions from other legal systems, after analyzing the notion of „consent” in
the internal structure of rape and statutory rape, I will propose a simpler,
suppler legislative alternative that is easier to use by the courts.
This text is not a comparison between the two infractions and is not dedicated to their minute analysis. It is rather a first step in the study of the notion of „consent” in the economy of crimes against sexual freedom. The wish of this author is for this debate to continue, since this material cannot, by itself, answer all the questions regarding a minor’s consent in the case of crimes against sexual freedom. However, I will show that the legislative project cannot attain this objective either.
Keywords: rape, statutory rape, sexual act with a minor, consent, crimes against sexual freedom, M.G.C. c. Romania.
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