CONSENT TO SEXUAL ACTIVITY IN ACCORDANCE WITH ARTICLE 197 OF THE CRIMINAL CODE
CONSENT TO SEXUAL ACTIVITY IN ACCORDANCE WITH ARTICLE 197 OF THE CRIMINAL CODE

Summary/Abstract: In the 21st century, legislation in many jurisdictions is moving away from defining the crime ofrape based on the use of coercion and instead focusing on the violation of the injured person’swill. This analytical article aims to highlight changes in the understanding of the features ofa crime under Article 197 of the Criminal Code, aligning it with the current societal awarenessand views. This issue is relatively absent in scientific discourse, likely because phenomena suchas stealthing have only recently received attention. The authors posit that, given the currentinterpretation of the features of the crime of rape in both doctrine and case law, the presentlegal framework satisfies the criteria of Article 36 of the Istanbul Convention. However, thedoctrine, jurisprudence, and potentially the legislator face the challenge of adapting the crimeof rape to contemporary needs. The conclusions drawn from the conducted research revealproblems that are only briefly touched upon in criminal law literature.

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