Act sexual cu un minor. Viol. Distincţii

Abstract

The offence of rape is committed, from the objective perspective, by alternative means, namely physical or moral constraint or by taking advantage of the incapacity of the victim to protect himself/ herself or to express his/her will, therefore it is about sexual intercourse without consent, namely by infringing the liberty and sexual inviolability of the victim. On the other hand, the offence of sexual intercourse with a minor, provided by art. 198 of the Criminal Code, implies the sexual intercourse with a minor who did not reach the age of 15, but with his/her consent.

The age of the victim can represent a criterion for establishing the offence as an offence provided by art. 198 of the Criminal Code, or as an offence provided by art. 197 of the Criminal Code, but the state of incapacity of the victim to protect himself/herself or to express his/her will must be established in concreto, from one case to another, not presumed.

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