SEXUAL SPHERE: THIN LINE BETWEEN FREEDOM AND CRIME

Olexandr Dudorov, Yevhen Pysmenskyy

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.


Keywords


Istanbul Convention, sexual sphere, sexual abuse, rape, voluntary consent, sexual harassment

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