Redefinice sexuálních deliktů: vznik, koncepce a (r)evolučnost redefiniční novely
Redefinition of Sexual Offences in Czech Criminal Law
Author(s): Daniel BartoňSubject(s): History of Law, Criminal Law
Published by: Masarykova univerzita nakladatelství
Keywords: Rape; Redefinition; Sexual Delicts; Sexual Violence; Sexual Abuse; Sexual Coercion; Sexual Assault; Consent; Manifestation of Will; Criminal Code; Statutes of Limitation
Summary/Abstract: In this article, I describe the process that has led to changes in the criminal law relating to sexual offences in the Czech Republic. I analyse the main characteristics of the legislation effective from 1 January 2025: the criminalization of sexual acts against the cognizable will of another, the exclusion of non-penetrative sexual activities from the crime of rape, the addition of a statutory definition of defencelessness, the stipulation that children under twelve are always defenceless, and the conceptual clarification of the crime of sexual coercion. Based on an analysis of Czech and European case law, I conclude that the difference in the scope of criminalised conduct before and after these changes may not be substantial in theory but may be considerable in practice.
Journal: Časopis pro právní vědu a praxi
- Issue Year: 32/2024
- Issue No: 4
- Page Range: 687-700
- Page Count: 24
- Language: Czech
