The Perspective of the European Court of Human Rights Over Incriminations Relating to Sexual Offenses
The Perspective of the European Court of Human Rights Over Incriminations Relating to Sexual Offenses

Summary/Abstract: The article is set to identify whether or not the jurisprudence of the European Court of Human Rights has set any standards for the Contracting States in respect to the obligation of incriminating a conduct that infringes sexual liberty. As the Romanian legislature has adopted alterations of the texts incriminating sexual abuse and rape especially, where minors are concerned, the article tends to analyze whether or not these modifications are in accordance with the jurisprudence of the European Court of Human Rights. The article emphasizes on the need to establish the value of consent in respect to sexual offenses, whether or not that consent should be express or implicit and if there is a need for the perpetrator to understand there is a lack of consent or an opposition from the victim. In this respect the article we’ll analyze a case from the Romanian jurisprudence in which the courts found that statutory rape can only be committed by direct or indirect intent.

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