Profil sprawcy, profil ofiary. Przestępstwo współżycia z osobą małoletnią poniżej 15. roku życia
Offender's profile, victim's profile. The sexual offenses committed against minors up to 15 years old

Summary/Abstract: The purpose of this article is to present results of an examination of judicial records of cases relating to the article 200 of Criminal Code in two judicial districts. It is essential to construct a profile of a perpetrator and a profile of a victim of this offense, particularly in those cases committed by young people. Also, if possible, to answer a question whether the present legal regulation is adequate to control minors’ sexual activity. Interesting issues are the age difference between the perpetrator and the victim, the existence (or not) of some close relation between them, and also the impact of those factors on the decision of a court. Equally important are reasons of reporting the cases to law enforcement, the basis for initiation of criminal proceedings and final sentences. The objective of this study was also to check whether the reduction of age of consent or the introduction of “close in age exception” would reduce the number of convicted young offenders, who were participants of consensual sexual relations with minors under 15 years old. The analysis of data obtained is carried out in the context of socio-cultural acceptance of sexual behavior of youth, legal regulations of protection of their reproductive health, the impact of media and information technologies, as well as the history of childhood and perception of children’s sexuality. Non-criminal-law factors have very significant impact on the knowledge young people have, on the sexual needs they have, and finally implementation of those in everyday life. This study is part of the doctoral thesis analyzing the problem of sexual offenses committed by or against minors, partly illustrating the phenomenon and the problems arising from the criminal law regulations of sexual behavior of young people. This research is not representative for the whole country, because of the limited geographical scope, but allows to draw relevant conclusions and confirm or deny previously constructed hypotheses. It is also possible to prediagnose emerging problems and to present the potential legal solutions, currently existing in other countries, both in Europe and worldwide.

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