Abstract [eng] |
Analysis of Corpus Delicti of Rape under the Criminal Law of Lithuania and Foreign Countries This thesis analyses the composition of criminal offence of rape in the criminal law of Lithuania and other countries (Poland, Latvia, Russia, Estonia, Norway, Germany, France, The United Kingdom and The United States). Firstly, the research analyses the historical development and notion of the crime of rape. Most attention is paid to the characteristic changes of rape in Lithuanian criminal law as well as the understanding of this crime in the mankind’s first sources of law. This way the research historically reviews the perception and characteristics of this crime together with their dynamics and universality. The most substantial part of the thesis is dedicated to the analysis of the characteristics of the objective side of rape, for which the research relies on the criminal law, case law and legal doctrine of Lithuania and other countries. In addition, the thesis presents the problematic aspects of the qualification of the crime, related to the identification of the victim of rape, the definition of the content of the sexual act, identification of the finality of the crime as well as determining the subjective side of rape. At the end of the thesis the conclusions were formulated together with specific proposals for the improvement to the approach of rape crime in Lithuania. |