Criminal Liability for Rape: Problems of Legislative Definition and Application

Abstract

The article examines the issues related to amendments to the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine), among which the new version of Article 152 – "Rape" occupies a prominent place. Attention is drawn to the priority of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence as a basis for legislation in this area. The problems and shortcomings of the implementation of European standards in national legislation, their impact on the change of psychological attitudes and the rejection of outdated stereotypes about violence are analyzed. Compared with the previous version of Art. 152 of the Criminal Code, this article, set forth in the Law of December 6, 2017 No. 2227-VIII, contains a new definition of rape, significantly expanded the objective side of the crime, there were also attempts to overcome the problem of domestic violence, increased responsibility for sexual crimes. According to the updated disposition of the article, in order to qualify an act as rape, it is fundamental not so much the use of force or threat of its use as the establishment of the victim's lack of consent to sexual intercourse. However, it can be said that such a definition is superficial and it is unknown exactly how the above-mentioned voluntary consent should be expressed. In addition, the legislator singled out the provisions on the grave consequences caused by rape and the commission of such a crime against a minor in some parts of Art. 152 of the Criminal Code. The new version of the article establishes liability for acts of a sexual nature against minors, regardless of the nature of the violence, the use of the victim's helplessness, deception or voluntary consent. But, unfortunately, despite the drastic changes in this area, there are points to which the legislator still needs to pay attention and correct inaccuracies. Because errors in the classification of such criminal offenses can be reported only if the maximum regulatory regulation of the ...