Dzimumneaizskaramība kā Satversmē nostiprināta vērtība un tās aizsardzība Krimināllikumā

Abstract

The article provides an analysis of the term “sexual inviolability”, its protection in the constitution of Latvia (Satversme), as well as in the Criminal Law. The author has analysed sexual inviolability as a constitutional value based on Article 93, Article 94 and Article 96 of Satversme. In the author’s mind, sexual inviolability falls not only under the scope of right to personal inviolability, but also under the right of a person to liberty and security. Likewise, in certain situations a breach of sexual inviolability can be considered as a breach of prohibition of torture or inhuman treatment. Furthermore, the author brings attention to the problematic pertaining to misuse of the term “sexual violence” misusage in the Criminal Law.