Problems of qualification of criminal offenses against sexual freedom and sexual integrity of an individual
Year: 2025
Type: article
Abstract: It is indicated that criminal offenses against sexual freedom and sexual integrity of a person are socially dangerous acts that cause significant harm to both individuals (adults and minors) and society as a whole, as they are characterized by the immorality and cynicism of the committed acts, humiliate the honor and dignity of the victim and cause significant harm to the health of the person, including the moral state. The article explores the issues of qualifying criminal offenses against sexual freedom and sexual integrity, which remain one of the most pressing areas of criminal law. The authors analyzes the current legislation of Ukraine regulating liability for such offenses, focusing on gaps and contradictions that complicate the practical application of legal norms. The social danger of offenses against sexual freedom is highlighted, particularly their impact on the physical and psychological development of children and adolescents, as well as violations of the honor, dignity, and health of the victims. Special attention is paid to the challenges of qualifying actions that involve various forms of physical and psychological violence, the use of the victim’s helpless state, and obtaining voluntary consent through deceit or coercion. The authors emphasizes the need to improve legislation by defining key terms such as «consent», «helpless state», and other legal categories to avoid ambiguous interpretations. The article also addresses the issue of social stigmatization of victims and the impact of this phenomenon on the disclosure of criminal offenses and the administration of justice. The conclusions provide recommendations for harmonizing national legislation, particularly concerning the protection of the rights of children, women, and other vulnerable groups. The authors underscores the importance of implementing a comprehensive approach to the prevention and investigation of such criminal offenses, which includes cooperation between the state, law enforcement agencies, non-governmental organizations, and the media. The article serves as a valuable resource for legal practitioners, scholars, and anyone interested in developing Ukraine’s criminal justice system toward strengthening the protection of citizens’ sexual rights and freedoms.
Authors: O. O. Melnyk, T. M. Suprun-Kovalchuk
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407082017