CRIMINAL-LEGAL CHARACTERISTICS OF RAPE

Abstract

During the research provides a comprehensive legal analysis of rape as one of the gravest offences against sexual freedom and inviolability. It examines the historical evolution of rape regulation, the current wording of Art. 152 of the Criminal Code of Ukraine, the concept of voluntary consent, its assessment criteria, and qualification challenges. Special attention is given to the practice of the Supreme Court of Ukraine, particularly its approach to victims’ psychological states and “freeze response”, as well as to ECtHR standards (M.C. v. Bulgaria, V.C. v. Slovakia). The study highlights legislative gaps, including the dual age threshold of sexual consent, limited construction of penetration, and unregulated cases of forcing the victim to penetrate the perpetrator. Specific analysis is devoted to liability for rape of minors and internal inconsistencies in cases involving adolescent offenders. Recommendations for improving legislation and practice in line with international standards are proposed.