The crime of sexual assault. The case in which the defendant, in order to satisfy some sexual impulses, interacted with three children, students in the preparatory class, whom he sexually assaulted in the school toilet Cover Image

Infracțiunea de agresiune sexuală. Cazul în care inculpatul în scopul satisfacerii unor impulsuri sexuale a interacționat cu trei minore, eleve în clasa pregătitoare, pe care le-a agresat sexual în toaleta școlii
The crime of sexual assault. The case in which the defendant, in order to satisfy some sexual impulses, interacted with three children, students in the preparatory class, whom he sexually assaulted in the school toilet

Author(s): Florena-Esther Sterschi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: sexual assault; juveniles; thorough analysis of evidence; guilt of the defendant; psychological trauma; non-pecuniary damage;

Summary/Abstract: The crime of sexual assault exercised by the defendant on the minor victims, taking advantage of their ages, causing them major psychological trauma that could affect them throughout their lives, required a rigorous, complete and complex approach by the judiciary, so it prevailed, through the judgment of the court of judicial review, the best interests of the child, which must always be the basic element in the conduct of any measures to combat these crimes, as stated in the Charter of the Fundamental Rights of the European Union, the United Nations Convention on the rights of the child, as well as the Directive 2011/93/EU of the European Parliament and of the Council of December 13, 2011, on combating the sexual abuse of children, the sexual exploitation of children and child pornography, transposed into the Romanian law by the Emergency Ordinance of the Government no. 18 of May 18, 2016 for the amendment and completion of the Law no. 286/2009 regarding the Criminal Code, Law no. 135/2010 on the Code of Criminal Procedure, as well as for completing the Art. 31 para. (1) of the Law no. 304/2004 regarding the judicial organization.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 354-380
  • Page Count: 27
  • Language: Romanian