Incongruențe ale noii reforme în materia infracțiunilor contra libertății și integrității sexuale intervenită prin Legea nr. 217/2023
Inconsistencies of the New Reform in the Matter of Crimes against Sexual Freedom and Integrity Introduced by the Law no. 217/2023

Summary/Abstract: Continuing the approach initiated by the Law no. 217/2020, the legislator intervened in the matter of crimes against sexual freedom and integrity, introducing new texts and reformulating the existing ones, the stated purpose being to increase the level of protection of minors and persons in situations of vulnerability through rules of criminal repression. The changes made did not produce isolated effects but, on the contrary, had repercussions regarding the already existing norms. Thus, those referring to the imprescriptible character of the new crimes practically led to the ineffectiveness of the rules regarding the start of the limitation period in the case of crimes against sexual freedom and integrity committed against minors. Also, the distinct regulation of the crimes of rape and sexual assault, committed against a minor, although it started from a new conception of the legislator regarding the age at which the minor can express a valid sexual consent, ultimately led, as a result of the lack of correlation with the already existing norms, to removing from the criminal offenses of some more serious acts compared to others that remained criminalized. The introduction of the crime of determining or facilitating of sexual acts or of a sexual nature between minors contradicts the purpose of the law, given that facts that would be part of the typicality of this crime, in the absence of the new regulation, could have been sanctioned more severe, as forms of participation in the crime of rape or sexual assault, committed against a minor. The reformulation of the content of the crime of sexual corruption, in its basic form, created an overlap with the crime of sexual assault committed against a minor, newly introduced, and maintaining the criminalization of acts of sexual corruption committed against minors between the ages of 16-18 appears in contradiction with the decriminalization of sexual intercourse, oral or anal intercourse, as well as acts of vaginal or anal penetration, with consent, committed with a minor between the same age limits.

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