| Abstract [eng] |
This master’s thesis analyses the concept of consent in the context of rape and sexual assault. Historically, crimes of this nature were initially defined through the lens of the use of violence, i.e., through the subjugation of will by means of physical violence, threats, or other similar methods. However, trends in development and an research on current international law, legislation in individual states, judicial practice, and social movements reveal that crimes of this nature cannot be defined solely through instances of physical violence, especially as such crimes are increasingly committed within persons of close relationships. This master’s thesis aims to explore the concept of consent and to demonstrate, with supporting arguments, that contemporary law requires a broader approach to sexual offenses. The concept and definition of consent, its historical development trends, as well as its constituent elements (the intellectual and volitional aspects) and the challenges they pose in practice are analysed. In addition, research on time as a factor influencing consent is made. The connection between the concept of consent and the perpetrator’s fault as a necessary and one of the most important elements of a criminal offense is revealed. To effectively identify future directions for the development of the concept of consent, an extensive study of international and supranational law is conducted, examining trends in the legislation, judicial practice, and legal doctrine of individual states regarding the definition of consent and its application in practice. Following this research, the concept of consent is compared with the current criminal legal framework in Lithuania, with the aim of assessing whether the current Lithuanian criminal law requires improvement and, if so, to present relevant proposals. |
