Izvarošana un seksuāla vardarbība: jēdzienu problemātika un tās aktualitāte

Abstract

This article provides an analysis of the usage of terms “rape” and “sexual violence”’ in Criminal Law of Latvia, as well as their compliance with international, grammatical and theological standards. The author analyses whether Article 159 of Criminal Law of Latvia covers all forms of rape, as well as examines the issue of Article 160 of the Criminal Law, its grammatical and theological conformity. In addition, regulations of several European Union Member States are analysed to evaluate how other legal systems deal with the sensitivity of this topic, while justly providing the necessary protection. In the author’s opinion, states are obliged to consider the international definitions of crimes, especially when it comes to rape. In the 21st century, legal protection should be fair and provided to victim concerning all the forms of rape regardless of the gender of perpetrator and victim.