Aprecierea valabilității consimțământului exprimat de victimele minore în materia infracțiunilor contra libertății și integrității sexuale a persoanei
Assessment of the validity of the consent of minor victims of crimes against the freedom and sexual integrity of the person

Summary/Abstract: A series of conventions, treaties and other international legal instruments to which Romania is a party enshrine the obligation of the state to adopt the necessary legislative measures to prevent and combat sexual violence against children. Correspondingly, the child has the right to be protected from any form of sexual abuse and exploitation. This right must provide the child with effective legal protection against rape and sexual abuse, and should not become a theoretical right in cases where non-compliant legislation and practice allow particularly serious acts to be punished or not to be suitably punished. Children must be protected by law from sexual abuse, sometimes even against "their will" in those situations where it is considered that they can not express a valid consent. According to the jurisprudence of the ECHR, in the case of rape and sexual abuse of children, Member States have a positive obligation derived from art. 3 and art. 8 of the Convention, in order to ensure effective criminal law provisions that effectively punish rape and to enforce them in practice through effective investigations and prosecutions, including the sanctioning and prosecution of any unwanted sexual intercourse, including in the absence of physical resistance from the victim.

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