Considerații cu privire la evoluția incriminării infracțiunii de viol și a altor conduite contra libertății și integrității sexuale
Considerations regarding the evolution of the criminalization of rape and other conduct against sexual freedom and integrity

Summary/Abstract: The aim of this study is to analyse the crime of rape, as it was regulated in the Romanian criminal law from the 1864 Romanian Criminal Code to the current incrimination from art. 218 and art. 2181 of the Romanian Criminal Code, which brought into discussion a new perception of the incriminated behaviours and of the society. In this article, we explain the new shape of the rape incrimination by explaining how the legal text evolved together with the Romanian society, reflecting the view of the society over the author of the rape, the victim and the morally accepted conducts. Nowadays, for sure, we don’t consider marriage a form of solution for a rape, but the 1970s Romanian society, for example, who valued above all else the image of the traditional family in the society was willing to forgive a rape if a wedding took place. Nevertheless, the victim’s feelings or trauma matter little to nothing back then, while now, exactly these two should be the center of our attention when reading or learning about rape or while investigating it. The first part of this study is dedicated to the evolvement of the incrimination hand in hand with the evolution and with the changes in society. Furthermore, we analysed the current incrimination of rape, as it is regulated in art. 218 Romanian Criminal Code, and rape against a minor, as it is regulated in art. 2181 Romanian Criminal Code, with focus on some of the many questions that rose after the recent change (01.01.2024) of the legal texts. The second part of this study tries to briefly explain the differences and consequences of the new incriminations, the decriminalized behaviours and also proposes a different point of view over the sexual liberty vs. sexual integrity.

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