The crime of sexual aggression
The crime of sexual aggression

Summary/Abstract: The indictment of the crime of sexual aggression is apparently entirely new, but in reality its content can be found partly in art. 201 par. 6 and 7 of the Penal Code of 1968 regarding the criminalization of acts of sexual perversion committed against persons unable to defend themselves or to express the will or by coercion. In view of the authors of the New Romanian Penal Code, sexual acts that may constitute the material element of actus reus of the offense of sexual assault could be masturbation or fellatio, to which the victim could be forced to accept to carry on to the aggressor. The offense of sexual assault is a complex crime whose material element of the actus reus can be achieved either by two distinct, but conjugate, actions (the sexual act other than vaginal penetration, oral or anal – action of purpose – and action of coercion – action of means) or by an action (intercourse other than vaginal penetration, oral or anal) conducted under conditions which exclude the victim's consent. The causes of aggravation of the offense of sexual aggression are identical to those that aggravate the offense of rape. Sexual aggression is an instantaneous commisive crime, consuming in the moment of the performing of the specific acts of these types of sexual manifestations, regardless whether these acts were completed or not. The offense remains in the form of attempted whenever the criminal activity was withdrawn prior to the execution of the specific material acts of these types of sexual acts. The upper limit of the attempted of sexual aggression is the discontinuance of execution before performing intercourse. In art. 219 par. 4 of the New Penal Code the legislator has regulated a form of absorption in the content of the crime of rape of some acts of sexual aggression, thus creating a system of subsidiary incrimination rule provided by art. 219 compared to the indictment provided by art. 218 Penal Code.

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