State of helplessness of a victim in the context of sexual abuse of a person with disabilities
State of helplessness of a victim in the context of sexual abuse of a person with disabilities

Summary/Abstract: Sexual abuse against people with disabilities constitutes a group of crimes that are rarely reported and are inadequately monitored. Most sexual abuses against people with disabilities remain undisclosed. If these offences occur within the victim’s socially closest environment, they are considered private matters. The aim of the article is a dogmatic legal analysis of penalizing the sexual exploitation of helplessness in individuals with disabilities. Attention has been drawn to the increased risk of falling victim to sexual violence due to the characteristic of disability, in the context of protection against various forms of sexual exploitation. The challenges in determining the scale of sexual abuse against people with disabilities have been highlighted. The article discusses the procedure for prosecuting the offence defined in Article 198 of the Penal Code and provides an interpretation of the concept of helplessness. Additionally, police and court statistics related to the offence stipulated in Article 198 of the Penal Code are presented in the article. The focus is on disability as a potential factor of helplessness. The article justifies the complexity of the problem, considering the diversity of values and standards related to sexual life. It has been demonstrated that people with disabilities deserve special protection, and ensuring their dignity is a fundamental obligation of the rule of law and civil society

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