SEXUAL SPHERE: THIN LINE BETWEEN FREEDOM AND CRIME
Main Article Content
Abstract
The paper addresses the issues of sexual sphere, which is protected by criminal law. Given the special sensitivity of this area, the question is raised on the need to clearly define the limits of criminal behavior. A range of behavioral acts, related to sexual intercourse, which are recognized as socially acceptable and should not entail the application of criminal law repression measures, is defined. At the same time, an attempt to simulate the optimal system of criminal violations in sexual sphere is made. Modern trends in the area of criminal law protection of sexual sphere in the countries of continental Europe are researched. Specific attention is given to the Istanbul Convention as the international law document, which has a significant impact on the formation of criminal law policy in the mentioned area. Achievements and flaws of the Criminal Code of Ukraine, concerning liability for crimes of sexual freedom and sexual integrity of a person and related to the implementation of the Istanbul Convention provisions, are found.
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.