| Abstract [eng] |
The comparative analysis of corpus delicti of criminal acts against sexual self-determination and inviolability in the legal system of Lithuania and the criminal laws of the foreign states by discussing the trends of historical development of regulation, the conception, objective, subjective and qualifying factors of these criminal acts as well as providing the conception and problems as well as ambiguities of these criminal acts arising during application of the institution of sexual abuse in practice is presented in the paper. First of all, the germs and development of legal regulation of sexual abuse is revealed. Then the regulation of sexual abuse in the legal system of Lithuania is discussed. In the next chapter of the paper, the conception and types of criminal acts against sexual self-determination and inviolability are defined according to the criminal laws of the foreign states. Almost the major part of the paper deals with the analysis of corpus delicti of separate crimes against sexual self-determination and inviolability. First of all, the conception of natural intercourse which is covered by sexual assault, compelling to have sexual relations and satisfaction of sexual desires with a minor that leads to violation of his/her right to sexual self-determination and inviolability is discussed. The following basic attributes of corpus delicti of these criminal acts are distinguished and provided in the criminal laws of all the states under comparison: absence of consent of a victim, use of physical violence or threat to do immediate violence and use of a helpless state. Following these criminal acts, the analysis of satisfaction of sexual desires through anal, oral or other physical contact which is handled in the Criminal Code of the Republic of Lithuania and in the corpus delicti of sexual abuse of most of the states under comparison is presented. Then, the corpus delicti of molestation of a minor is compared with the corpus delicti of analogous crimes in other states. The corpus delicti of sexual abuse is not discussed in detail, taking into consideration the fact that this criminal act is a misdemeanor, and the paper deals only with the crimes. At the end of the paper, the qualifying factors of all the earlier analyzed criminal acts, established in both the Criminal Code of the Republic of Lithuania and criminal laws of the foreign states are presented. |
