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Publication date: 01.05.2024
Sexual freedom and sexual integrity of the person. State protection
Sexual freedom and sexual integrity of a person are among the basic rights and freedoms guaranteed by the Constitution of Ukraine. These rights are recognized as inalienable and inviolable, and their protection is the duty of the state. Sexual freedom is the right of each person to make decisions about his or her personal and sexual life, and sexual integrity ensures that no person can be subjected to any form of sexual violence or harassment without their consent.
A list of actions that are recognized as crimes against the sexual integrity of a person in Ukraine
Ukrainian legislation establishes criminal liability for committing crimes against sexual freedom and sexual integrity of a person. Such crimes are:
Rape: Committing acts of a sexual nature related to vaginal, anal or oral penetration of another person's body using genitals or any other object, without the victim's voluntary consent.
It is punishable by imprisonment from 3 to life depending on the qualifying, aggravating features.
Qualifying features: repeated offense committed by a person who has previously committed crimes against the sexual integrity of a person, committed against persons who have not reached the age of 14/16, committed by a group of persons, caused serious consequences, committed against a spouse or ex-spouse, against a pregnant woman, against person, in connection with his performance of official/professional/public duties.
Sexual violence: Committing any violent acts of a sexual nature, not related to penetration into the body of another person, without the victim's voluntary consent.
It is punishable by imprisonment from the minimum term to life imprisonment. Qualifying features: repeat offense, crimes against persons under the age of 14, gang rape.
Aggravating circumstances for establishing responsibility for committing sexual violence are the same as for rape.
Forced sexual intercourse: Forcing a person without their voluntary consent to perform an act of a sexual nature with another person.
It is punishable by a fine, restriction or deprivation of liberty for a term of up to three years.
Qualifying features: combination with threats to deprive property/disclose confidential information, committed against a person who is materially or professionally dependent on the offender,
Committing acts of a sexual nature with a person who has not reached the age of sixteen - committing acts of a sexual nature by an adult person, connected with vaginal, anal or oral penetration into the body of a person who has not reached the age of sixteen, using the genitals, another organ or part of the body or any subject.
It is punishable by restriction of freedom for a term of up to five years, imprisonment for a term of up to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Qualifying features: actions committed by close relatives, combined with the provision of a reward, or caused infertility or other grave consequences.Deprecation of minors: Committing lewd acts to a person under the age of sixteen.
It is punishable by restriction of liberty for up to 5 years or deprivation of liberty for the same term. In the case of depravity of a minor, or committed by family members or close relatives of a minor, the responsibility comes in the form of deprivation of liberty from 5 to 8 years.
Harassment of a child for sexual purposes: An offer of a meeting made by an adult, including using information and telecommunication systems or technologies, to a person who has not reached the age of sixteen, with the aim of committing any acts of a sexual nature or lewd acts against him, in case if after such proposal at least one action has been taken to ensure that such meeting takes place.
It is punishable by restriction of liberty for a term of up to three years or deprivation of liberty for a term of up to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Aggravating circumstances are the repeated commission of a crime or by prior conspiracy by a group of persons, or against a minor.
Protection of the victim
The state protects a person who has become a victim of a crime against sexual freedom.
The main aspects of personal protection include:
Legal protection: The state provides the victim with the opportunity to use the legal system to obtain justice and punish the guilty. This can include the investigation of the crime, the trial and the sentencing of the criminals.
Psychological and medical support: The state provides access to psychological and medical assistance for the victim. This may include psychological counseling, psychotherapy, medical examination and treatment.
Protection against retaliation: The state provides measures to protect the victim from possible acts of revenge or retaliation by criminals or their supporters.
Privacy and security: Government authorities ensure privacy and security for the victim during the investigation and legal process. This includes the protection of personal data and information about the victim.
Legal aid: The state provides the injured person with a free choice of counsel, provides access to legal aid and legal representation for the injured person, which can be important during the legal process.
Ukraine has introduced the Unified Register of Persons Convicted of Crimes Against Sexual Freedom and Sexual Integrity of Minors. This automated electronic database ensures the collection, storage, protection, accounting and search of information about persons who have committed crimes against the freedom and sexual integrity of a minor.
Conclusion
The protection of sexual freedom and sexual integrity of a person is a priority area of activity of state institutions.An important component of this protection is an effective legal system that ensures the punishment of perpetrators of crimes against sexual integrity, as well as a set of measures for the prevention and prevention of such crimes. Ensuring the safety and support of victims is an integral part of state policy in this area.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of a specific situation, will provide representation and defense in court and will participate in a court hearing in any city of Ukraine. A lawyer in court and a legal process with a lawyer are a guarantee of quality protection of your rights and interests.
