The Role of the Consent in Differentiating the Crimes of Rape and Sexual Intercourse with a Minor
The Role of the Consent in Differentiating the Crimes of Rape and Sexual Intercourse with a Minor

Summary/Abstract: Respecting the provisions of the international conventions on human rights to which our country is a party, it is assumed that domestic law would contain all necessary measures for the efficient protection especially of vulnerable people and children, to prevent maltreatment and to discourage any form of abuse. Although there is a fairly wide margin of appreciation for the prevention and punishment of very serious criminal offences, including rape, however, according to the European Convention on Human Rights and other international documents, the regulated criminal provisions must be very efficient, and their implementation should be tailored so that children and all vulnerable people benefit from increased and effective protection, while respecting and guaranteeing the best interests of the child. In order for justice to be done in the best interests of the child and for their protection against any form of sexual abuse, we believe that the most complex and efficient criminal law is necessary, the application of which should be done through a unified judicial practice and effective.

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