Offences Against Sexual Freedom and Integrity. Legal Foundations and Current Perspectives

Abstract

This article examines the legal framework governing offences against sexual freedom and integrity under Romanian criminal law, with a focus on recent developments influenced by European legislative standards and international jurisprudence. The analysis considers both the amendments to the Criminal Code and the Code of Criminal Procedure, as well as the impact of European Union directives and the case law of the European Court of Human Rights on the interpretation of key legal concepts such as consent, the victim’s vulnerability, or the power imbalance between the perpetrator and the victim.

The text addresses the difficulties of legal classification, highlighting the wide range of forms in which such offences may occur and the need for clear legal definitions that reflect the complexity of interpersonal relationships and social contexts. It also discusses aggravated forms of these offences and the challenges of applying the legal provisions in cases where the victim is a minor, subject to a relationship of subordination, or exposed to emotional or economic coercion.

A separate section is devoted to the situations in which the initiation of criminal proceedings is subject to the filing of a prior complaint, which may hinder the fulfilment of the objectives of criminal law - particularly in cases where victims do not have access to adequate legal, psychological, or institutional support.

Finally, the article analyses the normative contribution of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 and the extent to which it has contributed to the development of a legal framework focused on the effective protection of the victim, in line with constitutional and European values. The article advocates for an integrated approach in which criminal law plays an active role in safeguarding the dignity and autonomy of individuals against sexual abuse.