Dificultăți privind încadrarea juridică a relațiilor sexuale întreținute în urma amenințării cu darea în vileag a unor fapte sau imagini compromițătoare pentru persoana vătămată
Difficulties in the legal classification of sexual relations obtained under threats to disclose compromising facts or images concerning the victim

Summary/Abstract: This article examines the difficulties in legally classifying sexual relations under threats to disclose compromising facts or images concerning the victim. Both legal literature and case law have highlighted the challenge of distinguishing genuine consent from apparent consent expressed under psychological coercion. The analysis focuses on the interpretation of the concepts of coercion and consent in criminal law, as well as on the relationship between the offences of blackmail (Article 207 of the Criminal Code) and rape (Article 218), in cases where psychological pressure is used to obtain sexual favours. The paper seeks to clarify the criteria that may guide courts in determining the proper legal classification, whether as blackmail, rape, or a plurality of these offences, taking into account the specific circumstances of each case and the protection of the social values involved.

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